Program Descriptions
Program Number
30.010
Title
Employment Discrimination Equal Pay Act
Federal Agency
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Authorization
Equal Pay Act of 1963, Public Law 88-38, as amended; Fair Labor Standards Act Amendment of 1974; Fair Labor Standards Act Amendment of 1977; Reorganization Plan No. 1, 1978, 29 U.S.C. 206(d).
Status
Active
Objectives
To prohibit sex discrimination in the payment of wages to men and women performing equal work in the same establishment. The jobs need not be identical, but they must be substantially equal.
Types of Assistance
Advisory Services and Counseling; Investigation of Complaints.
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 sex-based wage differentials to men and women performing equal work in 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 Commission may investigate allegations of violations of the Act and may initiate and conduct litigation.
Eligibility Requirements
Applicant Eligibility
An employee on behalf of herself or himself and other employees similarly situated who believes s/he has been paid in violation of the Equal Pay Act in any State of the United States, the District of Columbia, or any territory or possession of the United States.
Beneficiary Eligibility
Individuals covered by the Fair Labor Standards Act of 1938, as amended.
Credentials/Documentation
None.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
A charge may be filed either orally or in writing to the appropriate field office of the EEOC listed in Appendix IV of the Catalog. (The names of persons filing complaints are held in confidence.)
Award Procedure
Not applicable.
Deadlines
A 2-year statute of limitations applies to the recovery of any amounts owing to a person as a result of violation of this Act (may be extended to 3 years in cases of willful violations). There is no agency notification requirement for individuals desiring to bring their own suit under the Equal Pay Act.
Range of Approval/Disapproval Time
Not applicable.
Appeals
None.
Renewals
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Financial Information
Account Identification
45-0100-0-1-751.
Obligations
(Salaries and expenses) Not seperately identifiable.
Range and Average of Financial Assistance
Not applicable.
Program Accomplishments
In fiscal year 2005, received 774 complaints and resolved 889 monetarily benefitiing 161 people iin the sum of $3,072,871. In fiscal year 2005, EEOC filed 13 lawsuits on the merits raising EPA issues either as a sole statute or concurrent with other statutes and resolved no EPA merits suits with EPA as the sole statute but resolved 17 suits with EPA concurrent with other statutes with monetary benefits of $2,328,000. Projected data unavailable for fiscal years 2006.
Regulations, Guidelines and Literature
Publications are furnished free in limited quantities. 29 CFR Part 1620, Equal Pay Act Interpretive Regulations and 29 CFR Part 1621, Equal Pay Act Procedural Regulations; Compliance Manual Section: "Threshold Issues;" Compliance Manual Section: "Retaliation;" Compliance Manual Section: "Compensation Discrimination;" Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. Contact: Publications Distribution Center, 1-800-669-3362 (Voice) and 1-800-800-3302 (TTY). Web Site http://www.eeoc.gov EEOC, 1801 L Street, NW, Washington, DC 20507.
Information Contacts
Regional or Local Office
Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.
Headquarters Office
Office of Communications and Legislative Affairs, Communications Staff, Equal Employment Opportunity Commission, 1801 L Street, NW., Washington, DC 20507. Telephone: (202) 663-4900 (Voice) or (202) 663-4494 (TTY).
Web Site Address
http://www.eeoc.gov
Related Programs
16.101, Equal Employment Opportunity
16.200, Community Relations Service
17.301, Non-Discrimination And Affirmative Action By Federal Contractors And Federally Assisted Construction Contractors
17.303, Wage And Hour Standards
17.700, Women's Bureau
29.001, Clearinghouse Services, Civil Rights Discrimination Complaints
30.001, Employment Discrimination-Title VII Of The Civil Rights Act Of 1964
30.002, Employment Discrimination-State And Local Fair Employment Practices Agency Contracts
30.008, Employment Discrimination-Age Discrimination In Employment
30.011, Employment Discrimination-Title I Of The Americans With Disabilities Act
93.001, Civil Rights And Privacy Rule Compliance Activities
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
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