Identify a specific person of the opposite sex doing substantially equal work who is paid more, document both jobs by actual duties, and raise it internally in writing. If it is not resolved, an Equal Pay Act claim can generally go straight to court within two years, or three for a wilful violation; a Title VII charge must first be filed with the EEOC, typically within 180 or 300 days depending on the state.
Start with the comparator
A real person, doing substantially equal work, paid more. Not a market figure and not an impression. Pay transparency rules and the right to request a pay scale are what make this findable, and colleagues discussing pay is protected activity for most private-sector employees.
Document both jobs
Actual duties with rough time shares for each role, mapped against skill, effort and responsibility. This is the document that decides the case, and it is far more persuasive than a salary comparison on its own.
Two different routes with different clocks
Equal Pay Act. No agency charge required first. Two years from the violation, three if wilful.
Title VII. A charge with the EEOC first, generally within 180 days, extended to 300 in states with their own fair employment agency. Missing it can end the claim outright.
Each paycheck reflecting a discriminatory decision restarts the limitation period under the Lilly Ledbetter Fair Pay Act, which is why a difference originating years ago can still be actionable.
Raise it internally first, in writing
Factually, naming the comparison and asking for an explanation rather than making an accusation. Employers frequently correct these once documented, and a dated written record protects you either way.
Retaliation
Prohibited under both statutes, and a retaliation claim is separate from and often easier to prove than the underlying pay claim. Keep dates of the complaint and of anything that follows.
When to get advice
Before filing anything, if you can. Deadlines differ by route and by state, several states allow longer, and the choice of route affects what you can recover. Many employment lawyers assess these at no cost.
Common questions
What do I need to bring a claim?
A specific comparator of the opposite sex doing substantially equal work and paid more, plus documentation of both jobs by actual duties.
How long do I have?
Two years for an Equal Pay Act claim, three if wilful. A Title VII charge must go to the EEOC first, generally within 180 or 300 days.
Does an old pay decision still count?
Each paycheck reflecting a discriminatory decision restarts the clock under the Lilly Ledbetter Fair Pay Act.
Do I have to go to the EEOC first?
For Title VII, yes. An Equal Pay Act claim can generally go straight to court without an agency charge.
Can I be punished for raising it?
Retaliation is prohibited under both statutes, and a retaliation claim is separate from and often easier to prove than the pay claim.