Equal Pay Claims

What is it?

Equal pay claims happen when an employer pays employees with the same or similar job differently.  Like other forms of discrimination, the employee needs to show that the difference is tied to a protected characteristic, such as gender, color, national origin, age, or disability.  Claims based on sex or gender discrimination are different than those based on other characteristics such as race or age.

How are equal pay claims based on sex different than claims based on race, national origin, age, disability?

Cases of pay discrimination based on sex are protected under the Equal Pay Act in addition to Title VII of the Civil Rights Act.  Non-sex based pay discrimination, on the other hand, is only protected under Title VII (and state law).   Other differences include:

  • Equal Pay Act claims are easier to prove because they do not require a showing the employer intended to discriminate
  • Equal Pay Act claims are easier to file in court because they do not require you to file with the EEOC first
  • Remedies:
    • Equal Pay Act claims can provide back pay and in some cases double the back pay
    • Title VII claims provide compensatory and punitive damages while EPA claims do not

For more information about your rights in equal pay claims, contact Triquetra Law at: 717-299-6300.