Equal Pay Act Litigation
The attorneys at The Employment Law
Group® law firm have substantial experience
representing employees in Equal Pay Act (“EPA”)
proceedings. For example, in
Cooke v.
United States, the firm secured one of the largest
damages awards out of the Court of Federal Claims in an
EPA case for a former female director who alleged that
her employer willfully and in bad faith discriminated
against her by paying her less than similarly-situated
male directors. In addition, The Employment Law
Group® law firm has sponsored
seminars
for practitioners in the Washington, DC area to provide
practical tips on effectively litigating claims under
the EPA.
What is the Equal Pay Act?
The Equal Pay Act of 1963 generally
requires covered employers to provide equal pay to
persons performing the same job regardless of gender.
Since the EPA is a part of the
Fair Labor Standards
Act, employers are also prohibited from retaliating
against an employee who files a claim under the EPA or
cooperates with an investigation of such claim.
Who is covered under the Equal Pay
Act?
The EPA applies to any employee
adversely affected by a covered employer’s failure to
pay equal wages to employees of different genders
performing the same job. Accordingly, female and male
employees of federal and state governments can bring an
action for violation of the EPA.
What must an EPA plaintiff prove to
prevail?
To prevail under the EPA, an employee
must prove the following:
• That he/she received less wages than a
similarly-situated employee of the opposite gender;
• That he/she performed work that requires substantially
equal skill, effort, and responsibility; and
• That he/she performed his/her job under similar
working conditions as the opposite gender counterpart.
An employer can avoid liability by demonstrating that
the wage disparity was based solely on seniority, merit,
or some other factor independent of gender.
What can a prevailing plaintiff
recover?
Under the EPA, a prevailing employee
can receive back pay, interest, attorney fees, and
litigation costs. Where the court finds a lack of good
faith, an employee can recover back wages in the amount
of double the back pay award (called “liquidated
damages”). Where the court finds a willful violation of
the EPA, the award can extend back pay to cover the
prior three years (instead of the normal two years).
Are there alternative remedies?
In addition to the relief available
under the EPA, an employee can also file a complaint
under Title VII of the Civil Rights Act of 1964 (“Title
VII”) to remedy pay discrimination. Unlike the EPA where
the burden is on the employer to establish that the pay
differential was premised on a factor other than gender,
a Title VII plaintiff must prove that the employer acted
with discriminatory intent when it made the decision to
pay unequal wages. To further clarify Title VII,
Congress recently enacted the
Lilly Ledbetter Fair Pay Act which increases the
time frame in which employees can sue for discriminatory
compensation under Title VII.
Employees may also have a separate cause of action for
equal pay discrimination under state statutes.
If you feel that you have been the
subject of equal pay discrimination,
contact The Employment Law Group® law firm at 888-603-0983. |