Employment Discrimination-Equal Pay Act (30.010)

Program

30.010 Employment Discrimination-Equal Pay Act

Federal Agency

Agency: Equal Employment Opportunity Commission

Authorization

Equal Pay Act of 1963.

Program Number

30.010

Last Known Status

Active

Objectives

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.

Types of Assistance

ADVISORY SERVICES AND COUNSELING; 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://apps.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding discrimination, harassment or retaliation. The Commission may investigate allegations of violations of the Act and may initiate and conduct litigation.

Eligibility Requirements

Applicant Eligibility

An employee on behalf of herself or himself and other employees similarly situated who believes s/he has been paid in violation of the Equal Pay Act in any State of the United States, the District of Columbia, or any territory or possession of the United States.

Beneficiary Eligibility

Individuals covered by the Fair Labor Standards Act of 1938, as amended.

Credentials/Documentation

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). An allegation of unlawful employment practice(s) may be made in person or by mail. An allegation must be in writing, signed, and notarized (only when necessary to meet state or local requirements) or supported by an unsworn declaration in writing under penalty of perjury. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

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/disapporal 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 either by mail or in person at the appropriate EEOC field office.

Award Procedure

A charge is sufficient when the Commission receives from the person making the charge a written 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.

Deadlines

Not Applicable.

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. 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.

Appeals

None.

Renewals

Not Applicable.

Assistance Considerations

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

Reports

Audits

Not Applicable.

Records

Not applicable.

Program Accomplishments

Fiscal Year 2008: In fiscal year 2008, EEOC received 954 charges of compensation discrimination, resolved 828 compensation discrimination charges, and recovered $9.6 million in monetary benefits for 142 charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). In fiscal year 2008, EEOC filed no lawsuits on the merits raising EPA issues solely or concurrently with issues arising from other statutes and resolved 3 EPA merits suits with monetary benefits of $971,961. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

45-0100-0-1-751.

Obligations

(Salaries) FY 08 not reported.; FY 09 est not reported.; FY 10 est not reported. - (Salaries and expenses) Not separately identifiable.

Range and Average of Financial Assistance

Not applicable.

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 Office of Communications and Legislative Affairs at (202) 663-4191 or (202) 663-4494 (TTY). Regulations: 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.

Related Programs

16.101 Equal Employment Opportunity; 16.200 Community Relations Service; 17.301 Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors; 17.303 Wage and Hour Standards; 17.700 Women's Bureau; 29.001 Clearinghouse Services, Civil Rights Discrimination Complaints; 30.001 Employment Discrimination_Title VII of the Civil Rights Act of 1964; 30.002 Employment Discrimination_State and Local Fair Employment Practices Agency Contracts; 30.008 Employment Discrimination_Age Discrimination in Employment; 30.011 Employment Discrimination_Title I of The Americans with Disabilities Act; 93.001 Civil Rights and Privacy Rule Compliance Activities

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.

Headquarters Office

Office of Communication and Legislative Affairs, Communications Staff 131 M Street, NW, Washington, District of Columbia 20507 Phone: 202-663-4900/663-4494 (TTY)

Web Site Address

http://www.eeoc.gov.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.