Equal Pay Act of 1963 (EPA)

The attorneys at McMahon Berger law firm have substantial experience representing employers in claims filed under the Equal Pay Act (“EPA”). For example, in Campbell v. Von Hoffman Press, Inc., 632 F.2d 69 (8th Cir.1980), the firm successfully defended an EPA claim filed by a former female film assembler who alleged that her employer willfully and in bad faith discriminated against her by paying her less than similarly-situated male film assemblers.

What is the Equal Pay Act?

The Equal Pay Act of 1963 generally requires covered employers to provide equal pay to persons performing the same job regardless of gender. The EPA does not require that the jobs be identical, but substantially similar. Employers are prohibited from retaliating against an employee who files a claim under the EPA or cooperates with an investigation of such claim.

Who is covered under the Equal Pay Act?

The EPA applies to any employee adversely affected by a covered employer’s failure to pay equal wages to employees of different genders performing the same job. Accordingly, female and male employees of private companies as well as federal, state, and municipal governments can bring an action for violation of the EPA.

What can an employer do to avoid an EPA claim?

To successfully raise a claim under the EPA, an employee must demonstrate that he/she and a member of the opposite sex are:

  • Working in the same place;
  • Doing equal work; and
  • Receiving unequal pay

The EPA claim will be defeated if the employer can demonstrate that the wage disparity was based solely on seniority, merit, or some other factor independent of gender. Over the years, McMahon Berger law firm has provided its clients a pragmatic approach on how to document the lawful reasons for disparity in wages to ensure that clients are in the best position to successfully defend a claim under the EPA.

If your company has been subject to an allegation of equal pay discrimination, contact McMahon Berger law firm at 314-567-7350 or lawfirm(at)mcmahonberger.com.

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