Pay Equity Complaints: Options for Employees

Finding out that a coworker doing similar work earns more than you can be upsetting. Sometimes there is a lawful reason. Sometimes the difference may be connected to sex, race, age, disability, or another protected characteristic. This guide explains in general terms which federal laws cover pay discrimination, how complaints can be filed with federal and state agencies, and why time limits matter. It cannot tell you whether your situation is discrimination. A lawyer or the agency can look at the facts.

Federal laws that cover pay

The U.S. Equal Employment Opportunity Commission (EEOC) enforces several federal laws that apply to pay. Its page on equal pay and compensation discrimination explains:

• The Equal Pay Act (EPA) requires that men and women in the same workplace receive equal pay for equal work. The jobs do not need to be identical, but they must be substantially equal. The EEOC says job content, not job title, decides whether jobs are substantially equal.
• Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate based on sex in pay and benefits. The EEOC notes that someone with an Equal Pay Act claim may also have a Title VII claim.
• Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) prohibit pay discrimination based on race, color, religion, sex, national origin, age, or disability. Unlike the EPA, these laws do not require that the jobs be substantially equal.

What counts as "pay"

The EEOC says all forms of pay are covered under the Equal Pay Act. Its list includes salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

The EEOC also explains that if there is a pay gap between men and women, an employer may not fix it by lowering the pay of either sex.

Which employers are covered

Coverage depends on the law and the size of the employer. According to the EEOC page:

• Title VII and the ADA cover employers with 15 or more employees.
• The ADEA covers employers with 20 or more employees.
• The Equal Pay Act covers virtually all employers.

State and local laws may cover smaller employers or add protections. Check the rules where you work.

Time limits

Deadlines are one of the most important parts of a pay complaint. The EEOC explains:

• Under the Equal Pay Act, you can go directly to court without first filing an EEOC charge. The time limit for filing an EPA charge with the EEOC and for going to court is the same: two years from the alleged unlawful pay practice, or three years for a willful violation. The EEOC adds that filing an EEOC charge under the EPA does not extend the time to go to court.
• Under Title VII, the ADA, and the ADEA, the EEOC lists 180 days to file a charge, which it says may be extended by state laws.
• Federal employees have 45 days to contact an EEO counselor, according to the EEOC.

Because these deadlines are short and the details matter, do not wait to get information. If time is running out, the EEOC says its online portal gives special directions when you have 60 days or fewer to file.

Option 1: File a charge with the EEOC

The EEOC's filing a charge page describes the process. A charge of discrimination is a signed statement saying that an employer, union, or labor organization engaged in employment discrimination. In general:

• You submit an online inquiry through the EEOC Public Portal and have an interview with EEOC staff.
• After the interview, a charge can be completed through the portal. The EEOC says the final decision to file is yours.
• The EEOC must notify the employer that a charge has been filed.

The EEOC also notes that, except for the Equal Pay Act, the laws it enforces require you to file a charge before you can file a job discrimination lawsuit against your employer.

Option 2: File with a state or local agency

Many states and localities have their own anti-discrimination laws and agencies, which the EEOC calls Fair Employment Practices Agencies (FEPAs). The EEOC says that if you file with a FEPA, the charge is automatically "dual-filed" with the EEOC when federal laws apply, so you do not need to file with both. State laws may also offer protections that go beyond federal law.

Option 3: Go to court

For Equal Pay Act claims, the EEOC says you can go directly to court. For other federal claims, the charge process usually comes first. A lawyer can explain which route fits your situation and how state law claims fit in.

Steps you can take now

• Write down what you know. Note job duties, titles, pay, and dates for yourself and any comparison you are aware of.
• Keep your own records. Save pay stubs, offer letters, performance reviews, and job descriptions you are allowed to keep.
• Use internal channels if you choose. Many employers have a complaint process. Keep a copy of anything you submit.
• Watch the calendar. Internal complaints do not necessarily pause legal deadlines.

Retaliation is also covered. USAGov's overview of federal workplace laws lists retaliation for reporting discrimination or harassment among the issues handled by the EEOC. If you face negative treatment after raising pay concerns, write down what happened and when.

When to talk to a lawyer

An employment lawyer can review your facts, explain which laws may apply, and help you meet deadlines. Ask how they charge; some employment cases are handled on a contingency basis and others on an hourly basis. If cost is a concern, USAGov lists free and low-cost legal help on its legal aid page.

Frequently asked questions

Do the jobs have to be identical for an equal pay claim?

No. Under the Equal Pay Act, the EEOC says the jobs must be substantially equal, judged by job content rather than titles. Other laws do not require substantially equal jobs.

Do I have to file with the EEOC before suing?

For most laws the EEOC enforces, yes. The Equal Pay Act is the exception: you can go directly to court.

How long do I have to file?

It depends on the law. The EEOC lists 180 days for Title VII, ADA, and ADEA charges, which may be extended by state law, and two years (three if willful) under the Equal Pay Act.

Do I need to file with both my state agency and the EEOC?

The EEOC says a charge filed with a state or local FEPA is automatically dual-filed with the EEOC when federal laws apply.

Related: Browse more legal guides and find employment lawyers near you.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.