US FederalCan my employer pay women less than men for doing the same job?
No, your employer cannot pay women less than men for substantially equal work — that’s illegal under the Equal Pay Act of 1963, which amends the Fair Labor Standards Act.
What the Law Says
The Equal Pay Act (EPA) of 1963 is an amendment to the Fair Labor Standards Act (FLSA) and explicitly prohibits sex-based wage discrimination. It requires employers to pay men and women equally for jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions.
The EPA applies to all employers covered by the FLSA — including federal, state, and local governments; private employers with at least two employees engaged in interstate commerce; and most workers, including full-time, part-time, salaried, and hourly employees.
Employers may only justify a pay difference based on (1) a seniority system, (2) a merit system, (3) a system measuring earnings by quantity or quality of production, or (4) any factor other than sex — but 'any factor other than sex' must be job-related and consistent with business necessity.
The law does not require identical jobs — only 'substantially equal' work, judged by content (not job titles). Courts look at actual duties performed.
Statutory TextNo employer having employees subject to any provisions of this section shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions...
— Equal Pay Act of 1963, amending 29 U.S.C. § 206(d)(1)
What to Do
Document your job duties, pay, and those of coworkers of the opposite sex performing similar work.
Raise the issue internally — speak with HR or your supervisor, citing the Equal Pay Act.
File a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days if a state agency enforces a similar law).
You may also file a lawsuit directly in federal court — no EEOC charge required for EPA claims, but you must do so within 2 years (3 years for willful violations).
Sources
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UKNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.