Employment Discrimination Equal Pay Act

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.

Agency - Equal Employment Opportunity Commission

Office - See Regional Agency Offices.

See map of field offices available at http://www.eeoc.gov/field/index.cfm.

EEOC Offices are listed in Appendix IV of the Catalog.
Website Address

http://www.eeoc.gov




Program Accomplishments

Fiscal Year 2016: In fiscal year 2016, EEOC field legal units filed 86 merits lawsuits, including 58 individual suits, 11 non-systemic suits with multiple victims, and 18 systemic suits. Merits lawsuits are direct suits or interventions alleging violations of the substantive provisions of the statutes enforced by EEOC and suits to enforce administrative settlements. These merits filings alleged violations covering a wide variety of bases, including disability (36), sex (25), retaliation (24), race (10), religion (6), national origin (5), age (2), and genetic information (2). The issues raised most frequently in these suits were discharge (48), hiring (22), reasonable accommodation (17), and harassment (11). At the end of fiscal year 2016, EEOC had 166 cases on its active district court docket, of which 30 (18.1 percent) were non-systemic multiple victim cases and 47 (28.3 percent) involved challenges to systemic discrimination. The agency also filed 28 subpoena enforcement actions. EEOC?s legal staff resolved 139 merits lawsuits in the federal district courts for a total monetary recovery of $52.2 million. EEOC achieved a favorable resolution in 90.6 percent of all district court resolutions. A total of 8,489 individuals received monetary relief as a direct result of EEOC lawsuit resolutions. The Commission also resolved 32 subpoena enforcement actions during the fiscal year. Fiscal Year 2016: EEOC received 91,503 charges alleging discrimination in employment, resolved 97,443 charges and obtained monetary benefits of $348 million. Fiscal Year 2017: No Current Data Available; Fiscal Year 2018: No Current Data Available. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

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, and 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://egov.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claim of wage discrimination or retaliation.

The Commission may investigate allegations of violations of the Act and may initiate and conduct litigation.

A federal government applicant or employee who believes that his or her employment rights have been violated under this statute and wants to make a claim against a federal agency must file a complaint with that agency and follow the procedures set forth at 29 C.F.R.

part 1614.

Eligibility Requirements

Applicant Eligibility

Any aggrieved individual, or any individual, organization, or agency filing on behalf of an aggrieved individual, who has reason to believe that a covered employer has committed an unlawful employment practice within the meaning of the EPA.

An employee who believes he or she has been retaliated against for opposing compensation practices that discriminate based on sex or who files a discrimination charge, testifies, or participates in any way in an investigation, proceeding, or litigation under the EPA.

Beneficiary Eligibility

Applicants, current employees, or former employees of the named respondent (s) who have been subjected to unlawful compensation practices based on gender by the named respondent (s), and/or who have been subjected to retaliation for filing a charge of discrimination, for opposing gender-based compensation discrimination or participating in an EPA investigation, proceeding, or for litigation.

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 section on Deadlines 095). An allegation of unlawful employment practice(s) may be made in person, by mail or by fax. An allegation must be in writing, signed, and/or notarized when necessary to meet state or local requirements. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. Individuals may also consult EEOC?s website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Complaints against the Federal government should be filed at the relevant agency?s EEO office. Each agency is required to post information about how to contact the agency?s EEO office. Federal government applicants or employees should consult EEOC?s website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication 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 Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 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 section on the range of approval/disapproval 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 in person, by mail or by fax at the nearest EEOC field office. Complaints against the federal government should be filed at the relevant agency?s EEO office. Each agency is required to post information about how to contact the agency?s EEO office.

Award Procedures

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

Authorization

Equal Pay Act of 1963, (P.L. 88-38), as amended, 29 U.S.C. section 206(d).

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. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or in the case of a willful violation, within three years. 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, or within 300 days if the charge is also covered by a state or local anti-discrimination law and there is a state or local entity with authority to enforce the 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. When a right to sue letter is issued at the request of the charging party, EEOC usually stops its investigation. Federal employees must generally contact the agency?s EEO Counselor within 45 days from the date the discrimination occurred.

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

Not Applicable.

Audits

Not Applicable.

Records

Not applicable.

Financial Information

Account Identification

45-0100-0-1-751.

Obigations

(Salaries) FY 16 $364,500,000; FY 17 est $364,500,000; and FY 18 est $363,807,086 - (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 at (202) 663-4191. Regulations include: 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.

Information Contacts

Regional or Local Office

See Regional Agency Offices. See map of field offices available at http://www.eeoc.gov/field/index.cfm. EEOC Offices are listed in Appendix IV of the Catalog.

Headquarters Office

Equal Employment Opportunity Commission 131 M Street, NE, Washington, District of Columbia 20507 Phone: 202-663-4191/663-4494 (TTY)

Criteria for Selecting Proposals

Not Applicable.




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Edited by: Michael Saunders

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