Federal Law Reference for Women's Rights
PAY EQUITY
Federal law addresses wage discrimination between employees performing substantially equal or comparable work. The primary statutes are enforced jointly by the EEOC and the Department of Labor Women's Bureau.
Equal Pay Act of 1963
29 U.S.C. § 206(d)
Requires that men and women in the same workplace receive equal pay for equal work. The jobs need not be identical, but must be substantially equal in skill, effort, and responsibility, and performed under similar working conditions. Applies to virtually all employers.
Title VII Pay Discrimination
42 U.S.C. § 2000e-2
Title VII independently prohibits pay discrimination based on sex, race, color, religion, or national origin, and covers a broader range of wage disparities than the EPA alone. An employee may bring claims under both statutes simultaneously.
Lilly Ledbetter Fair Pay Act of 2009
Pub. L. 111-2, amending 42 U.S.C. § 2000e-5
Resets the statute of limitations for filing an equal pay discrimination claim with each new discriminatory paycheck, not just from the original discriminatory pay decision. Overturned the Supreme Court's Ledbetter v. Goodyear (2007) ruling.
Retaliation Protections
29 U.S.C. § 215(a)(3) (EPA); 42 U.S.C. § 2000e-3 (Title VII)
Both the Equal Pay Act and Title VII prohibit retaliation against employees who inquire about, discuss, or disclose their wages, or who file a pay discrimination complaint. The NLRA also independently protects concerted activity around wage discussions for most private-sector employees.