May an employee bring a pay discrimination claim on grounds other than sex?
Author: William Denham, Shortt & Nguyen, PC
Yes, generally. Under federal law, while an employer must pay men and women equally for equal work in the same establishment under the Equal Pay Act (EPA), other laws such as Title VII, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) all prohibit employers from engaging in compensation discrimination, which includes pay, based on race, religion, color, national origin, age and disability, in addition to sex. Unlike the EPA, there is no requirement under Title VII, the ADEA or the ADA that the jobs must be substantially equal. An employee also may be able to bring a pay discrimination claim on grounds other than sex under state and local law.