The Difference Between The Equal Pay Act and Title VII

Posted on by Colleen Quinn

The Equal Pay Act (EPA) and Title VII of the Civil Rights Act (Title VII) both were created in an effort to stem discrimination in the workplace. However, Title VII is much greater in application. When thinking of the EPA and Title VII, although a rather simplified analogy, it may be easiest to think of them as bodies of water. The EPA is like a small pond that can only fit a limited type of fish whereas Title VII is like a large lake that can hold a greater variety.

Who is protected?

Under the EPA, individuals can only sue if their employer is paying them differently than another employee based on their sex. Furthermore, the employee you have to compare yourself
to an employee whose position is substantially equal to yours. This tends to be the most difficult part of filing an EPA claim because many people choose to compare their wages to people who aren’t in similar positions.
 

Lastly, as if all of those hoops were not enough, the law gives employers exemptions in certain situations for paying their employees less based on sex. On the other hand, Title VII is a lot broader than the EPA. Under Title VII, individuals can sue if their employer is discriminating against them based on their race, color, national origin, sex, or religion. Title VII can encompass discrimination other than a visit in pay differentials such assexual harassment, unlawful termination, or other discrimination in the provision of job benefits.

Why would anyone file an EPA claim?

You’re probably wondering “If an EPA claim is so hard to file under, why would anyone use it?” There are two main reasons someone might file an EPA claim over a Title VII claim for wage discrimination on the basis of sex.

  1. Size of the Company 
    • In order for someone to file a claim under Title VII, your employer must employ at least 15 people. If your employer has less than 15 people working for them, no Title VII claim can be filed. However, under the EPA, there is no minimum number of employees needed to file your claim.
  2. Urgency 
    • For someone to file a claim under Title VII, they have to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit and the EEOC has a mandatory 180 days to consider the claim. Under the EPA, you don’t have to go through the EEOC, which means that a lawsuit can be filed much sooner.

When trying to decide whether you need to file an EPA claim or a Title VII claim, it’s always a good idea to reach out to a qualified Virginia employment lawyer to help you identify what claim you should file.  Please contact our office with any further inquiries about these services.