Federal Law

EPA

Equal Pay Act of 1963

29 U.S.C. § 206(d)

Employer Size

1+

Filing Deadline

730 days

Extended Deadline

— days

Filing Agency

EEOC or federal court

Overview

The Equal Pay Act (EPA) prohibits sex-based wage discrimination between men and women who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions in the same establishment. As an amendment to the Fair Labor Standards Act, the EPA covers virtually all employers regardless of size. Unlike most federal anti-discrimination statutes, employees may file a lawsuit directly in court without first filing a charge with the EEOC. The statute of limitations is two years from the date of the last discriminatory paycheck, or three years for willful violations.

Key Provisions

  • Prohibits paying different wages to employees of opposite sexes for substantially equal work
  • Four affirmative defenses: seniority system, merit system, system based on quantity/quality of production, and any factor other than sex
  • No EEOC charge required before filing a private lawsuit
  • Each discriminatory paycheck restarts the filing period under the Lilly Ledbetter Fair Pay Act
  • Employers may not reduce wages of the higher-paid sex to achieve compliance

Available Remedies

Back pay (unpaid wages owed)Liquidated damages equal to back pay amountAttorney fees and court costsInjunctive relief

Filing Information

Deadline

2 years from the discriminatory pay action (3 years for willful violations); no EEOC charge required before filing suit

Agency

EEOC or federal court

Eligibility Notes

  • •No minimum employee threshold - covers all employers subject to FLSA
  • •Can file directly in court without EEOC charge
  • •2-year statute of limitations (3 years for willful violations)
  • •Applies to jobs requiring substantially equal skill, effort, and responsibility under similar working conditions

Covers These Situations

discriminationwage theftretaliation

Protected Characteristics

sexgender pay equity

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.