KNOW YOUR RIGHTS– EQUAL WORK FOR EQUAL PAY 
The Equal Pay Act of 1963 (EPA), (29 U.S.C.A. 206 (d))

This edition of “Rights Facts” focuses on the Equal Pay Act of 1963 which requires that men and women who perform “equal work” within an employer’s establishment, must receive equal rates of pay.

This means:
No employer having employees subject to any provision of Section 206 (d) shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs.

•The performance of jobs which require equal skill, effort and responsibility, and are performed under similar working conditions, must be equally compensated regardless of the sex of the worker performing the job.

•Exceptions to this Act are limited to instances where payment is made pursuant to:

a. A seniority system
b. A merit system
c. A system which measures earnings by quantity or quality of production or
d. A differential based on any factor other than sex: Provided, that an employer who is paying a wage rate differential in violation of this sub-section shall not, in order to comply with the provisions of this sub-section, reduce the wage rate of any employee.

•For the purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this sub-section, shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter.

The EPA was enacted as an amendment to the Fair Labor Standards Act which regulates minimum wages, overtime and child labor. Because of this, coverage and enforcement of the EPA is based on the Fair Labor Standards Act. The responsibility of enforcing the EPA falls under the jurisdiction of the Equal Employment Opportunity Commission (EEOC).

Prepared by the Mississippi Workers' Center for Human Rights Training Component.

FOR MORE INFORMATION CALL: Jaribu Hill, 662-334-1122
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