Equal Pay Act vs. Civil Rights Act: Key Differences

Introduction to Federal Anti-Discrimination Laws

The Equal Pay Act (EPA) is a federal law that prohibits employers from discriminating on the basis of sex in the payment of salaries and wages. The EPA was enacted as an amendment to the Fair Labor Standards Act and was designed to address pay inequities that were rampantly being practiced based on sex — particularly the pay disparities faced by female workers. One year later, in 1964, Congress enacted Title VII of the Civil Rights Act (CRA). According to Title VII, it is illegal and punishable by law for an employer to discriminate against an employee in terms of compensation, terms of employment, privileges, or conditions based on color, race, national origin, sex, or religion (42 U.S.C. 2000e).

Scope and Coverage: EPA vs. Title VII

Although both laws work to ensure equality in employment regardless of gender, the EPA and the Civil Rights Act of 1964 differ in terms of their coverage, scope, and operation. The EPA is partly broader and partly narrower than Title VII. On one hand, much of the employment relationship is covered within the EPA's provisions, given that the Act's definition of "employer" is broader than the definition used in Title VII. On the other hand, the EPA is limited exclusively to prohibiting salary and wage discrimination based on sex, whereas Title VII of the Civil Rights Act prohibits any form of discrimination against employees throughout their employment — including hiring, promotion, termination, and wages — based on race, gender, religion, color, sex, or national origin.

Another important distinction is that Title VII also prohibits retaliation against individuals who speak out against discrimination. Employees who are treated unfairly as a consequence of opposing gender discrimination in the workplace may seek relief specifically under Title VII (Lockton, 2003).