Equal Pay Act and Lilly Ledbetter
1963
EPA Year
FLSA amendment, sex-based pay
4
Defenses
Seniority, merit, production, "any other"
2009
Lilly Ledbetter
Each paycheck restarts 180-day clock
same snack · same price · no exceptions
The Equal-Pay Vending Machine
Picture a vending machine where the same snack appears in every slot. Equal Pay Act says the price is the same regardless of who is buying. Four receipts on the side allow legitimate price differences — sex isn't one of them.
how to read this
- › Every snack in slot A is the SAME WORK. EPA says price tags must match — unless one of the four receipts justifies the difference.
- › Slot A3's wrong price is a violation. The other three slots are fine.
- › The Lilly Ledbetter clock on the side restarts every time the machine charges you. The 180-day window starts fresh with every paycheck.
Damages on Violation
back pay
2 yrs
3 yrs if willful
+ liquidated
2×
double the back pay
+ legal fees
paid
attorney + costs
Exam Traps
EPA covers SEX only
Race-based pay discrimination falls under Title VII, not the Equal Pay Act. The exam tests scope.
"Substantially equal" — not identical
Equal skill, effort, responsibility, similar working conditions. Different titles can still be substantially equal work.
Lilly Ledbetter resets, not extends
It does not lengthen the 180-day window forever. Each new discriminatory paycheck restarts the clock anew.
"Any factor other than sex" requires proof
Employer must show the factor is genuinely unrelated to sex. Vague gestures at "experience" or "negotiation" can fail under scrutiny.
EPA = sex only
Race, age, disability pay discrimination uses other statutes. Do not stretch EPA to cover them.
Each paycheck = new clock
Lilly Ledbetter (2009) reset the rule from Ledbetter v. Goodyear. Older claims are not foreclosed by silence.
A machine where the same snack costs different amounts depending on who pushes the button. EPA says no. Same snack, same price.
If the receipt shows the price differs because of seniority, merit, production, or any non-sex factor — the employer is OK.
Each time the machine charges you the wrong price, the clock starts over. Not just the first time.
EPA awards back pay (2-3 years) plus liquidated damages doubling that amount.
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