Suing Under the EPA vs. Title VII

In cases where both Title VII and the Equal Pay Act apply, using the Equal Pay Act offers some potential advantages, including:

• You can file a lawsuit under the Equal Pay Act without first filing a complaint with the federal Equal Employment Opportunity Commission (EEOC).
• Unlike Title VII, the Equal Pay Act does not require proof that the employer acted intentionally when discriminating. That can make an Equal Pay Act case easier to win in court.

However, using Title VII has its own advantages -- chief among them that you can win more money. Under Title VII, you can ask the judge or jury not only for the wages you lost, but also for compensation for your pain and suffering (compensatory damages). The Equal Pay Act does not offer these compensatory damages -- although in some cases you can ask for double the amount of wages you lost.

If you are considering a lawsuit under the Equal Pay Act, Title VII, or both, you should probably discuss the potential advantages and disadvantages of each law with a lawyer before filing your case.

For more information on equal pay and gender discrimination, contact the your local field office of the EEOC (contact information available at http://www.eeoc.gov) and your state fair employment practices agency.