The Equal Pay Act (EPA) Prohibits Wage Discrimination Between Men and Women who Perform Substantially Similar Jobs
The EPA governs all types of compensation including salary, overtime pay, bonuses, stock options, profit sharing plans, life insurance, vacation, holiday pay and any other employment-related benefits.
In analyzing a claim under the EPA, an employee is not required to show that the jobs are identical, but must show that the jobs are substantially similar. Factors to consider include skill, effort, responsibility, working conditions and the physical location of employment. In other words, it is the comparison of the actual work, not simply the job title that determines whether the jobs are substantially similar.
An employee who has a claim under the EPA may choose to file a charge of discrimination with the Equal Employment Opportunity Commission. The EEOC has jurisdiction to investigate complaints of pay discrimination. Unlike other federal laws, an employee is not required to file a charge of discrimination with the EEOC but rather may choose to file a lawsuit directly in court.
While the EPA only applies to gender-based discrimination, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) are various other federal laws that prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. Additionally, Ohio has its own laws that prohibit compensation discrimination on the basis of gender, race, color, religion, sex, national origin, age, or disability.
The statute of limitations to bring a claim under the EPA is two years. The statute of limitations for other types of compensation discrimination under Title VII, the ADEA, the ADA and Ohio law varies depending on the law. To pursue a claim for compensation discrimination under either Title VII, the ADEA or the ADA, an employee must file a charge of discrimination with the EEOC within 300 days of the unlawful act. To pursue a claim for compensation discrimination under Ohio law, an employee is not required to file a charge with an administrative agency but may proceed directly to court.
An employee who prevails under the EPA can recover lost wages, liquidated damages and attorney’s fees. The damages a successful employee can recover under Title VII, the ADEA, the ADA or Ohio law vary from law to law but generally, a successful employee may recover economic and non-economic compensatory damages.
If you believe that you have an equal pay claim or other claim for compensation discrimination, contact Dworken & Bernstein for a free consultation.
