The Equal Pay Act of 1963 (EPA) requires that men and women be given equal pay for equal work, if they are working for the same employer. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.

Specifically, the EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

Under some circumstances, pay differentials between males and females may be permitted when such pay differences are “truly” based on seniority, merit, quantity, quality of production, or factors other than a person’s sex. These are known as “affirmative defenses.” It is the employer’s burden to prove if any affirmative defenses apply to your case.

If you feel that you have been under-compensated because of your gender and your employer does not have a legitimate “affirmative defense,” please complete the contact form or call us at 904.434.7553 to set up an appointment to discuss your case.