New developments concerning the Equal Pay Act

Abstract

Considers why a wage gap still exists between men and women, despite the introduction in the USA of the Equal Pay Act (EPA) in 1963 and the Civil Rights Act (Title VII) in 1964. Details the Equal Employment Opportunity Commission’s (EEOC’s) interpretations of the two Acts’ provisions relating to employment discrimination on the basis of gender, looking in particular at the EPA’s determinants of job equality. Outlines the circumstances under which wage differentials are permissible, and discusses actions that can be taken in the case of EPA violations, explaining the EEOC’s filing requirements. Reviews the equal pay legislation in California, particularly relating to comparable worth, and provides an example of a successful wage discrimination case in which the Supreme Court looked beyond the EPA and considered a wider interpretation of the Bennett Amendment of Title VII. Suggests that this case sets a precedent for addressing equal employment issues, and urges employers to examine their compensation systems to ensure that no biases exist.

Citation

Yun Chen, L. and Kleiner, B.H. (1998), "New developments concerning the Equal Pay Act", Equal Opportunities International, Vol. 17 No. 1, pp. 13-20. https://doi.org/10.1108/02610159810785476