Equal Pay Act (EPA) v Title VII

Equal Pay Act (EPA) v Title VII

The Equal Pay Act (EPA) and Title VII both were created in an effort to stem discrimination in the workplace. When thinking of the EPA and Title VII, a lot of people think of salary and gender discrimination, but it may be easiest to think of them as swimming pools. The EPA is like a kiddie pool that can only fit a small number of people whereas Title VII is an Olympic-sized pool that can fit a large number of people.

Who is protected?

Under the EPA, individuals can only sue if their employer is paying them differently than another employee based on their sex. Furthermore, you have to compare yourself to an employee whose position is substantially equal to yours. This tends to be the most difficult part of filing an EPA claim because many people choose to compare their wages to people who aren’t in similar positions. Lastly, as if all of those hoops were not enough, the law gives employers exemptions in certain situations for paying their employees less based on sex.

On the other hand, Title VII is a lot broader than the EPA. Under Title VII, individuals can sue if their employer is discriminating against them based on their race, color, national origin, sex or religion. Title VII can encompass discrimination other than visit in pay differential such as sexual harassment, unlawful termination or other discrimination in the provision of job benefits.

So, why would anyone file an EPA claim?

You’re probably wondering “If an EPA claim is so hard to file under, why would anyone use it?” There are two main reasons someone might file an EPA claim over a Title VII claim for wage discrimination on the basis of sex. First, in order for someone to file a claim under Title VII, your employer must employ at least 15 people. If your employer has less than 15 people working for them, no Title VII claim can be filed. However, under the EPA, there is no minimum number of employees needed to file your claim. Second, in order for someone to file a claim under Title VII, they have to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit and the EEOC has a mandatory 180 days to consider the claim. Under the EPA, you don’t have to go through the EEOC, which means that a lawsuit can be filed much sooner.


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Equal Pay Act (EPA) v Title VII


The Equal Pay Act (EPA) and Title VII both were created in an effort to stem discrimination in the workplace. When thinking of the EPA and Title VII, a lot of people think of salary and gender discrimination, but it may be easiest to think of them as swimming pools. The EPA is like a kiddie pool that can only fit a small number of people whereas Title VII is an Olympic-sized pool that can fit a large number of people.

Who is protected?

Under the EPA, individuals can only sue if their employer is paying them differently than another employee based on their sex. Furthermore, you have to compare yourself to an employee whose position is substantially equal to yours. This tends to be the most difficult part of filing an EPA claim because many people choose to compare their wages to people who aren’t in similar positions. Lastly, as if all of those hoops were not enough, the law gives employers exemptions in certain situations for paying their employees less based on sex.

On the other hand, Title VII is a lot broader than the EPA. Under Title VII, individuals can sue if their employer is discriminating against them based on their race, color, national origin, sex or religion. Title VII can encompass discrimination other than visit in pay differential such as sexual harassment, unlawful termination or other discrimination in the provision of job benefits.

So, why would anyone file an EPA claim?

You’re probably wondering “If an EPA claim is so hard to file under, why would anyone use it?” There are two main reasons someone might file an EPA claim over a Title VII claim for wage discrimination on the basis of sex. First, in order for someone to file a claim under Title VII, your employer must employ at least 15 people. If your employer has less than 15 people working for them, no Title VII claim can be filed. However, under the EPA, there is no minimum number of employees needed to file your claim. Second, in order for someone to file a claim under Title VII, they have to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit and the EEOC has a mandatory 180 days to consider the claim. Under the EPA, you don’t have to go through the EEOC, which means that a lawsuit can be filed much sooner.

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