5 min read

Equal Pay & Pay Discrimination

Federal law requires equal pay for equal work — and prohibits paying employees less because of their race, sex, or other protected characteristics.

Two separate laws

The Equal Pay Act (EPA) requires that men and women performing substantially equal work at the same establishment receive equal pay. You don't need to prove intent — just that you're paid less for equivalent work. Title VII goes further and covers pay discrimination based on race, color, religion, national origin, and sex, but requires showing discriminatory intent or effect.

What counts as "equal work"

Jobs don't have to be identical — they need to require substantially equal skill, effort, and responsibility under similar working conditions. Different job titles don't automatically mean different work. Employers can justify pay differences through seniority systems, merit systems, or factors other than sex — but those justifications must be genuine.

Salary history and pay secrecy

Many states now prohibit employers from asking about your salary history, which has historically suppressed pay for women and workers of color. Separately, the National Labor Relations Act generally protects your right to discuss your pay with coworkers — employer policies that prohibit this are typically unenforceable.

Red flags to watch for

You discovered a coworker in a similar role earns significantly more
Pay differences track along race or gender lines on your team
Employer responded to your pay inquiry by threatening discipline
You were told your lower pay was based on your prior salary
Performance reviews are strong but raises have been withheld without explanation

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Pregnant Workers Fairness Act