Federal compensation is governed by structured pay systems, but those systems do not always prevent unlawful disparities. Under the Equal Pay Act of 1963 (EPA), federal employees have the right to equal pay for substantially equal work. If you are paid less than a colleague of a different sex for similar duties within a federal agency, you may have a valid claim. At Solomon Law Firm, PLLC, we represent federal employees in Equal Pay Act matters nationwide, including claims brought through the federal EEO process and in federal court. We help you assess your pay history, identify valid comparisons, and take action to address unequal compensation.
Why Choose Solomon Law Firm for Federal Equal Pay Act Claims
Federal pay discrimination claims involve their own systems and procedures. We help federal employees understand and move forward with these claims.
- Focus on federal employment law and administrative Equal Employment Opportunity (EEO) claims
- Representation before the Equal Employment Opportunity Commission (EEOC) and in federal court
- Experience analyzing federal pay systems, including GS levels and classifications
- Strategic guidance on whether to pursue an administrative claim or file in court
- Nationwide representation from offices in Washington, D.C., New York City, and Albany
- Direct access to attorneys handling your case
How the Equal Pay Act Applies to Federal Employees
The Equal Pay Act requires that men and women receive equal pay for substantially equal work performed under similar conditions. The law applies to both private employers and federal agencies, but the process for enforcing those rights differs for federal employees.
Federal employees may pursue an EPA claim through their agency’s EEO process or file directly in federal district court. Each option has its own timelines and strategic considerations, especially if the claim is also brought under Title VII, the federal law that prohibits sex-based workplace discrimination.
To establish a claim, you generally must show:
- You and a comparator of a different sex perform substantially equal work
- The roles require similar skill, effort, and responsibility
- The work is performed under similar conditions
- There is a measurable difference in pay
Agencies may defend these claims by pointing to seniority systems, merit-based decisions, or other non-discriminatory factors.
How Federal Equal Pay Claims Differ From Private Sector Cases
Federal Equal Pay Act claims involve additional procedural rules and timing considerations.
Strict EEO deadlines
If you choose the administrative route, you must contact an EEO counselor within 45 days of the discriminatory act. Missing this deadline can limit your ability to pursue that path.
Multiple legal pathways
Federal employees may file directly in court under the EPA, unlike Title VII claims, which require administrative exhaustion. Deciding which route to take can affect both timing and potential recovery.
Continuing violations and paychecks
Each discriminatory paycheck may be treated as a new violation under federal law, including the Lilly Ledbetter Fair Pay Act, which can affect how far back you can recover unpaid wages.
Complex pay structures
Federal compensation systems, including GS grades, steps, and locality adjustments, require a detailed comparison of actual duties rather than job titles alone.
What Evidence Supports a Federal Equal Pay Act Claim
Federal pay systems create a structured record, but proving a claim still requires careful documentation. We work with you to identify the evidence that supports your case, which may include:
- Pay records, SF-50 forms, and compensation history
- Position descriptions and actual job duties
- Performance evaluations and promotion history
- Information about similarly situated employees
- Internal policies related to compensation and advancement
The focus is on whether the work performed is truly comparable, even if positions are classified differently.
What Compensation Is Available in a Successful Claim
If your Equal Pay Act claim is successful, you may be entitled to:
- Back pay for wage differences
- Liquidated damages equal to your back pay award, unless the agency shows it acted in good faith and had reasonable grounds for the pay decision
- Prospective relief, such as a pay correction, in limited circumstances
- Attorney’s fees and costs
When EPA claims are brought alongside Title VII claims, additional remedies may be available depending on the facts.
Talk With a Federal Equal Pay Act Attorney
Pay disparities in federal employment are not always obvious at first, but they can raise serious legal concerns once identified. At Solomon Law Firm, PLLC, we work with federal employees to evaluate Equal Pay Act claims, explain the available options, and take action through the EEO process or in federal court. If your compensation does not reflect equal work, contact us to discuss your situation and determine the next step.
FAQ: Federal Equal Pay Act Claims
Can I file an Equal Pay Act claim directly in court as a federal employee?
Yes. Federal employees may file an EPA claim in federal court without going through the EEO process. However, many claims are pursued through the administrative process, especially when combined with Title VII claims.
Are federal contractors covered by the same rules?
Federal contractors are covered by the EPA as private employers, not under federal sector procedures. Other laws and regulations may also apply depending on the situation.
Can my agency retaliate against me for raising a pay concern?
No. Retaliation for asserting rights under the EPA or related laws is prohibited. Adverse actions after raising a concern may give rise to a separate claim.
Does the Equal Pay Act cover other types of discrimination?
The Equal Pay Act addresses pay differences based on sex. Other forms of pay discrimination, such as those based on race or disability, may fall under different federal laws.