The law around equal pay claims may seem complicated, with multiple federal and state nondiscrimination statutes that can apply to the same conduct. This article will help employers, attorneys and investigators understand some of the basic differences between California and federal law in this area, including recent developments to be aware of. 

Comparing the Statutes

Discrimination in pay is a type of employment discrimination, and thus is covered by state and federal nondiscrimination laws like Title VII and California’s Fair Employment and Housing Act (FEHA). But there are more specific statutes in both federal and state law that also address this issue, both (confusingly) called the Equal Pay Act (EPA). One difference between EPA claims and regular discrimination claims is that equal pay laws generally provide for strict liability: that is, there is no requirement that an employee prove discriminatory intent. A failure to provide equal pay, without an adequate justification, is a violation of the law.