Equal Pay for Equal Work
Men and women doing substantially equal work for the same employer must get equal pay. Other laws also make it illegal to set pay based on race, national origin, age, disability and other protected traits. In the trades, pay gaps often show up in who gets overtime, premium assignments and promotions.
- Workers
- Employers
- California
- Colorado
- Illinois
- New York
- Washington
The federal laws
- Equal Pay Act (1963): equal pay for men and women doing jobs that require substantially equal skill, effort and responsibility under similar working conditions at the same establishment. Job titles don’t matter; the actual work does.
- Title VII, ADEA and ADA: prohibit pay discrimination based on race, color, religion, sex, national origin, age (40+) and disability.
“Pay” includes wages, overtime, bonuses, per diem, vacation, benefits, and allowances for tools or travel.
Allowed reasons for differences
Under the Equal Pay Act, an employer can pay differently only because of:
- A seniority system
- A merit system
- A system that pays by quantity or quality of production
- A factor other than sex, such as a legitimate difference in licenses or shift
The employer must prove it, and it can’t fix a gap by cutting the higher-paid worker’s pay.
You can talk about your pay
The National Labor Relations Act protects most private-sector workers who discuss pay with coworkers. Rules that ban talking about wages are generally illegal. See Right to Organize.
Pay transparency laws
A growing number of states and cities, including California, Colorado, Washington, New York and Illinois, require employers to list pay ranges in job postings or share them with applicants and workers. Many also ban asking about salary history.
If you think you’re underpaid
- Write down your duties, hours, certifications and pay, and those of coworkers if you know them
- Keep pay stubs, job postings and any emails about pay decisions
- Raise it with HR or your union if you feel safe doing so
- File a charge with the EEOC, usually within 180 days (300 in many states). Under the Equal Pay Act you can also go straight to court within 2 years (3 if willful)
Each paycheck can count: under federal law, each discriminatory paycheck can restart the filing deadline for many pay discrimination claims. Don’t assume it’s too late; ask the EEOC or a lawyer.
Standards & references
Last updated: