What must I prove to prevail in an Equal Pay Act (EPA) claim?
To prove a violation of the EPA, you must first establish a prima facie case of discrimination by showing: a) the employer pays different wages to employees of the opposite sex; b) the employees perform equal work on jobs requiring equal skill, effort, and responsibility; and c) the jobs are performed under similar working conditions.” Under the EPA, proof of your employer’s discriminatory intent is not necessary for you to prevail on your claim. The Equal Pay Act (EPA) creates a type of strict liability, i.e. no intent to discriminate need be shown. In other words, a prima facie showing gives rise to a presumption of discrimination.
