The Chartered Law Offices of Troum & Wallsh

Employment Discrimination

Equal Pay Act

The Equal Pay Act prohibits wage discrimination on the basis of sex. The law is part of the Fair Labor Standards Act. Its reach extends to sex discrimination in pay by employers.

The majority of wage and salary discrimination claims involve sex discrimination. These cases are often brought under both Title VII and the Equal Pay Act. The Equal Pay Act forbids sex discrimination in pay by both governmental and private employers.

Specifically, the Equal Pay Act forbids an employer to pay a different wage on the basis of sex to employees in an establishment for equal work on jobs requiring equal skill, effort and responsibility and which are performed under similar working conditions. In order to justify a pay deviation, the employer must justify the higher paying job as including more skill, effort and responsibility or as being performed under less desirable working conditions.

The Act specifically states that employees of different sexes may be paid unequally if their wages are based on a seniority system, merit system, incentive system or a factor other than sex.

It would be helpful to discuss this type of matter with an attorney to determine whether the conduct of the employer violates the Equal Pay Act or any other laws.

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Chartered Law Offices of
Troum & Wallsh

2699 Lee Rd., Suite 505
Winter Park, Florida 32789
Ph: (866) 433-1087
Fx: (407) 644-5511