THE EQUAL PAY ACT

The Equal Pay Act of 1963 (EPA) requires that covered employers may not discriminate on the basis of sex in pay for performance of jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. In essence, the EPA requires that men and women be paid equal wages for equal work. 

An employer may pay different rates to workers of the opposite sex if such a differential in pay is justified (1)pursuant to a seniority system; (2) pursuant to a merit system; (3) pursuant to a system which measures earnings by quantity or quality of production; or (4) by any other factor than sex. 

An individual seeking relief pursuant to the Equal Pay Act may seek lost wages, liquidated damages, and attorneys fees. 

Please note, that as with many discrimination laws, not every employee or employer is covered by this law, and exemptions and exceptions do exist. 

OTHER LAWS PROTECTING AGAINST PAY DISCRIMINATION 

Employees’ equal pay rights are also protected under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. These laws prohibit an employer from discriminating against an employee on the basis of race, sex, color, national origin, religion, age, or disability. They provide various remedies that include recovery of lost wages, compensatory damages, puntitive damages, and attorneys’ fees. 

Articles Regarding Equal Pay Rights and Pay Discrimination 

2007 AAAU Report, “Behind the Pay Gap” 

WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU ON THE BASIS OF PAY 

Contact an attorney immediately, and preferably an attorney who routinely represents employees in employment litigation. If you are not able to contact an attorney, you should contact either the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division. To preserve your rights under the law for equal pay discrimination, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with either the EEOC or TWC. Lastly, take thorough notes regarding everything discriminatory that is being said or done to you and keep all records related to your employment. These notes and records may prove invaluable in a later lawsuit. 

ADDITIONAL RESOURCES REGARDING EQUAL PAY RIGHTS AND PAY DISCRIMINATION

National Women’s Law Center–Information on Equal Pay Rights and The Fair Pay Campaign

If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.