Title VII of the Civil Rights Act of 1964 (Title VII), Titles I and V of the Americans with Disabilities of 1990 (ADA), The Age Discrimination in Employment Act (ADEA), prohibit compensation discrimination based on race, color, sex, religion, national origin, age, disability or protected activity.
- A claim of compensation discrimination can be brought under one of these statutes even if no person outside the protected class holds a "substantially equal" higher paying job.
Title VII, the ADEA, and the ADA further prohibit discriminatory practices that indirectly affect compensation - such as limiting groups protected by these statutes to lower paying jobs. These practices are not covered by the EPA.
The Lilly Ledbetter Fair Pay Act of 2009
The The Lilly Ledbetter Fair Pay Act of 2009 (“Act”) overturned the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007), which severely restricted the time period for filing complaints of employment discrimination concerning compensation.
The "Act" amended Title VII, ADA, ADEA. Under the The Lilly Ledbetter Fair Pay Act of 2009, each paycheck affected by an employer’s prior discriminatory act triggers a new deadline for filing an equal pay/equal compensation claim. An employee should be able to show that the paycheck or other compensation was affected by a past discriminatory act.
- All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning and gasoline allowances, hotel accommodations, reimbursement for travel expenses and benefits.