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Employment Discrimination Equal Pay Act

Program Descriptions

Program Number



Employment Discrimination Equal Pay Act


Federal Agency




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).






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.




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.


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.





Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

Not applicable.


Post Assistance Requirements


Not applicable.


Not applicable.


Not applicable.


Financial Information

Account Identification



(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 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


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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