Employment Discrimination-Equal Pay Act
The Equal Pay Act (EPA) prohibits sex discrimination in the payment of wages to men and women performing jobs that require substantially equal skill, effort and responsibility, under similar working conditions within the same establishment. The EPA also prohibits retaliation against applicants or employees who oppose compensation practices that discriminate based on sex or who file a discrimination charge, testify, or participate in any way in an investigation, proceeding, or litigation under the EPA.
Last Known Status
Equal Employment Opportunity Commission
Types of Assistance
ADVISORY SERVICES AND COUNSELING; Federal Employment; INVESTIGATION OF COMPLAINTS
Uses and Use Restrictions
Employers engaged in commerce or in the production of goods for commerce (i.e. subject to The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et seq.), including the federal government, and state and local governments, are prohibited from paying unequal wages to men and women performing jobs that require substantially equal skill, effort and responsibility under similar working conditions within the same establishment. Labor organizations representing employees of a covered employer are prohibited from causing or attempting to cause employers to violate the Act. Exceptions are permitted only where payment is made pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex. The EEOC Assessment System, available at https://egov.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claim of wage discrimination or retaliation. The Commission may investigate allegations of violations of the Act and may initiate and conduct litigation. A federal government applicant or employee who believes that his or her employment rights have been violated under this statute and wants to make a claim against a federal agency must file a complaint with that agency and follow the procedures set forth at 29 C.F.R. part 1614.
Equal Pay Act of 1963, (P.L. 88-38), as amended, 29 U.S.C. section 206(d).
Any aggrieved individual, or any individual, organization, or agency filing on behalf of an aggrieved individual, who has reason to believe that a covered employer has committed an unlawful employment practice within the meaning of the EPA. An employee who believes he or she has been retaliated against for opposing compensation practices that discriminate based on sex or who files a discrimination charge, testifies, or participates in any way in an investigation, proceeding, or litigation under the EPA.
Applicants, current employees, or former employees of the named respondent (s) who have been subjected to unlawful compensation practices based on gender by the named respondent (s), and/or who have been subjected to retaliation for opposing gender-based compensation discrimination or participating in an EPA investigation, proceeding, or litigation.
The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit (see Deadlines 095). An allegation of unlawful employment practice(s) may be made in person, by mail or by fax. An allegation must be in writing, signed, and/or notarized when necessary to meet state or local requirements. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. Individuals may also consult EEOC’s website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Complaints against the Federal government should be filed at the relevant agency’s EEO office. Each agency is required to post information about how to contact the agency’s EEO office. Federal government applicants or employees should consult EEOC’s website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. This program is excluded from coverage under OMB Circular No. A-87.
Application and Award Process
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit (see range of approval/disapproval times). A charge may be filed by any aggrieved individual, any individual on behalf of an aggrieved individual, or by any organization, i.e., labor union, association, legal representative, etc., either as an aggrieved entity or on behalf of an aggrieved individual. Charges may be filed in person, by mail or by fax at the nearest EEOC field office. Complaints against the federal government should be filed at the relevant agency’s EEO office. Each agency is required to post information about how to contact the agency’s EEO office.
A charge is sufficient when the Commission receives from the person making the charge a written signed statement that includes an allegation of discrimination, the name(s) of the parties involved, and a request that the EEOC act to protect the applicant or employee’s rights or otherwise settle a dispute between the applicant or employee and the employer.
Range of Approval/Disapproval Time
The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or in the case of a willful violation, within three years. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit. (Title VII requires that charges be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state or local anti-discrimination law, or within 30 days after the receipt of notice of termination of state or local proceedings, whichever is earlier.) A charging party may file a lawsuit within 90 days after receiving a notice of a right to sue from EEOC, as stated above. Under Title VII, a charging party also can request a notice of right to sue from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. When a right to sue letter is issued at the request of the charging party, EEOC usually stops its investigation. Federal employees must generally contact the agency’s EEO Counselor within 45 days from the date the discrimination occurred.
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Not applicable. See the following for information on how assistance is awarded/released: Not applicable.
Post Assistance Requirements
Fiscal Year 2012: In FY 2012, EEOC field legal units filed 122 merits lawsuits including 86 individual suits, 23 multiple-victim suits and 10 systemic suits. Of these new filings, 66 contained Title VII claims, 45 contained Americans with Disability Act claims, 12 contained Age Discrimination in Employment Act claims, and 2 contained Equal Pay Act claims. Legal staff resolved 253 merits lawsuits for a total monetary recovery of $43.2 million. Of these resolutions, 161 contained Title VII claims, 72 contained Americans with Disabilities Act claims, 30 contained Age Discrimination in Employment Act, and 2 contained EPA claims. In terms of dollars recovered in direct, indirect and intervention lawsuits by statute, EEOC recovered $34.2 million in Title VII resolutions, $2.6 million in ADEA resolutions, $5.4 million in ADA resolutions, and $943 thousand in resolutions involving more than one statute. Fiscal Year 2013: No Current Data Available Fiscal Year 2014: No Current Data Available
(Salaries) FY 12 $368,648,926; FY 13 est $344,218,830; and FY 14 est $372,923,000 - (Salaries and expenses) Not separately identifiable.
Range and Average of Financial Assistance
Regulations, Guidelines and Literature
Publications are available on the EEOC web site (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC’s Publication Center at 1-800-669-3362(voice) or 1800-800-3302 (TTY). Regulations include: 29 CFR 1620, Equal Pay Act Interpretive Regulations; 29 CFR 1621, Equal Pay Act Procedural Regulations; 29 CFR 1604, Guidelines on Discrimination Because of Sex. Compliance Manual: Section 2: Threshold Issues; Section 3: Employee Benefits; Section 8: Retaliation; Section 10: Compensation Discrimination. EEOC-ESA Memorandum of Understanding Providing for Cross-Training, Referrals and Information Sharing on Compensation Discrimination Cases.
Regional or Local Office
See Regional Agency Offices. See map of field offices available at http://www.eeoc.gov/field/index.cfm. EEOC Offices are listed in Appendix IV of the Catalog.
Equal Employment Opportunity Commission 131 M Street, NW, Washington, District of Columbia 20507 Phone: 202-663-4191/663-4494 (TTY)
Examples of Funded Projects
Criteria for Selecting Proposals