The Equal Pay Act of 1963
The Equal Pay Act of 1963 prohibits discrimination in compensation on the basis of sex. The law is part of the Fair Labor Standards Act of 1938 (FLSA) and its coverage requirements are generally the same as those of the FLSA. The equal pay act extends only to sex discrimination in compensation by employers and labor unions and their agents who cause employers to discriminate. 29 USC 206(d)(1).
Any employee whose rights have been violated under the equal pay act may bring a private action against his or her employer in a federal or state court for amounts withheld in violation of the act. 29 USC 216(b). The EEOC may bring the same type of action on behalf of an employee affected by a violation, and it does not have to wait until the affected employee makes a request before initiating litigation to seek preliminary relief. The employee loses the right to sue privately if the EEOC brings such an action.