The Equal Pay Act amended the Fair Labor Standards Act (FLSA). The act prohibits paying lower wages to one sex than the other for jobs that are similar in terms of:
- Skill
- Effort
- Responsibility
- Working Conditions
Differentials in compensation are allowed under the following circumstances:
- Seniority systems
- Merit systems
- System based on quantity or quality of production
- Any other factors other than sex
Enforcement of the Equal Pay Act falls under the responsibilities of the Equal Employment Opportunity Commission (EEOC). Employees filing claims under the act can be awarded back pay for up to two (2) years to the date of complaint. In egregious situations, where the employer willfully violated the act, the employee can be awarded up to double the amount of back pay due for up to three (3) years prior to the date of filing the complaint.
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