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The Equal Pay Act of 1963 is a federal law that requires employers to pay men and women equally when they are doing substantially equal work.
In practice, this means that if two employees are performing the same core job duties — requiring similar skill, effort, and responsibility — their pay should not differ based on gender.
This law applies across the United States, including New York, and remains one of the key protections against wage discrimination in the workplace.
AUTHOR YURIY MOSHES, ESQ
Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation
and real estate transactions as his areas of expertise
If you believe you are being underpaid for equal work, a New York employment lawyer can help you understand your rights and legal options.
The law protects both men and women, although most cases involve women being paid less for comparable work.
An Equal Pay Act claim generally applies when:
What matters most is not your job title, but what you actually do every day at work.
If your situation involves broader workplace issues, you may also want to understand your rights under our guide on employment discrimination laws in New York.
Many employees assume the Equal Pay Act only looks at salary — but that’s not the case.
Compensation under the law includes the full value of what an employee receives, such as:
So even if base salary looks similar, differences in bonuses or benefits can still raise legal concerns if they are based on gender.
Not every pay difference is illegal. Employers can justify differences if they are based on legitimate, non-discriminatory reasons.
In real workplace disputes, employers usually rely on factors like:
These explanations can be valid — but they must be consistent, documented, and actually applied in practice.
In many Equal Pay cases, employers rely on vague explanations like “market adjustment” or “we negotiated differently.” These are often challenged because they do not explain real job-based differences.
Most employees are surprised to learn that Equal Pay Act cases are built on comparison, not intent.
To bring a claim, you generally need to show:
Once this is shown, the burden shifts to the employer to justify the difference.
At that point, the employer must prove that the pay gap is based on a lawful reason such as seniority, merit, or productivity — not gender.
Pay discrimination is rarely obvious at first. It usually becomes visible over time.
Some common situations employees notice include:
Even small gaps can matter legally if the work being performed is truly comparable.
If something feels off with your pay, the most important step is to stay organized and focus on documentation.
Employees often begin by gathering:
This helps create a clear picture of whether your work is truly comparable to higher-paid coworkers.
Some employees raise concerns internally, but many prefer to speak with an employment lawyer first so they fully understand their rights before taking any step that could affect their job.
Equal pay cases are rarely straightforward because employers usually do not admit discrimination directly.
Instead, they defend pay differences by pointing to:
While these explanations may sound reasonable, they often require close legal analysis to determine whether they actually reflect real job differences or simply justify unequal pay.
Equal pay issues are often subtle and develop over time rather than appearing as obvious discrimination. In many cases, employees only recognize the issue after comparing roles or understanding how compensation decisions were made.
If you suspect something does not add up, getting early legal clarity can make a significant difference in protecting your rights.
It is a federal law requiring equal pay for men and women performing substantially equal work in the same workplace.
It means jobs that require similar skill, effort, responsibility, and working conditions — not identical job titles.
Yes, but only if the difference is based on lawful factors like seniority, merit, or productivity.
Generally two years, or three years if the violation was willful.
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