The Equal Pay Act of 1963 may be implicated when a female and a male employee are compensated at a different rate of pay when they perform the same type of work. However, your business litigation attorney Orange County can explain when this act applies and its limitations.

About the Act

This act states that employers shall not discriminate on the basis of sex by paying one sex a rate less than the rate the employers pay employees of the other sex for the performance of the same work. Your business litigation attorney Orange County can explain that the act defines the same work as that which requires the same types of skill, effort and responsibility that is performed under similar working conditions. The act protects both men and women. Additionally, it prohibits employers from retaliating against employers who make a claim under the act or testifying about a violation of the act. A successful claim under the act can result in the employee receiving back pay, liquidated damages and other equitable relief.

Limitations

Your business litigation lawyer Orange County can explain that there are certain exceptions to the general prohibition. For example, if the disparity between pay is based on a seniority system, merit system, quota system or another factor besides sex, the disparity is legally acceptable. Additionally, the act only addresses pay differentials and not other forms of gender discrimination.

If you would like more information on the Equal Pay Act and whether it may apply to your case, contact Daily Aljian LLP by calling (949) 861-2524.