Equal Pay Act of 1963

29 U.S.C.A. 206(d)

Plaintiff must prove:

  1. Work was "equal" to that of employee of opposite sex
  2. Work performed at same establishment
  3. Rate of pay of plaintiff was less

Burden shifts to employer to show pay difference based on:

  1. Seniority
  2. Merit system
  3. System that measures quantity or quality of production
  4. Some factor other than sex

Other EPA details

  1. Comparable work rejected, more stringent definition of equal work embraced
  2. Equal does not mean identical; just substantially equal job duties
  3. Pay discrimination based on race, national origin, or religion not prohibited by EPA but by Title 7
  4. Pay discrimination based on age prohibited by ADEA
  5. Pay discrimination based on disability prohibited by ADA

Cases