14 Mar Delegal & Poindexter, PA commemerates Equal Pay Day: March 14th

March 14th is Equal Pay Day

Pursuant to a presidential proclamation, March 14, 2023 is Equal Pay Day. While the gap in pay between men and women in the workplace has been narrowing, pay disparity is still a very real problem in America. The Equal Pay Act, Title VII of the Civil Rights Act, and the Florida Civil Rights Act are three laws that prohibit an employer from discriminating against an employee with regard to compensation based on his or her sex.

The Equal Pay Act requires an employee alleging disparity in compensation to show that comparator employees who are paid more are performing work that is substantially equal. Title VII and the Florida Civil Rights Act, federal and state antidiscrimination statutes that prohibit sex discrimination, do not require a similar showing, although similar comparator evidence can be helpful to evince discrimination.

The Equal Pay Act, Title VII, and the Florida Civil Rights Act also differ in the administrative prerequisites to file suit. Claims of sex discrimination under the Title VII and Florida Civil Rights Act require an employee to file a charge of discrimination with the Equal Employment Opportunity Commission and/or the Florida Commission on Human Relations and receiving a right to sue notice before suit can be filed on the discrimination claims. The Equal Pay Act does not require the filing of a pre-suit charge with any state or federal agency, and instead a claim under the Act can be filed in court at any time within the two year statute of limitations. The two year statute of limitations is extended to three years if the employer has committed a willful violation of the Act.

If you have any questions about the Equal Pay Act, Title VII, the Florida Civil Rights Act, or your rights under each, please contact Delegal & Poindexter to schedule a time to meet with one of our attorneys.