Equal Pay Act Complaint

Below is what an Equal Pay Act complaint might look like. Do not use it yourself; instead, seek a lawyer’s advice before doing anything. Complaints are factually and legal-specific, so this is not to be used even as a sample:

Complaint 

1.         The Plaintiff, Jane Doe, sues Defendant, A.B.C. Inc., doing business with A.B.C., pursuant to the Equal Pay Act (E.P.A.), for paying men more than women.

2.         The Honorable Court has original jurisdiction pursuant to 29 U.S.C. § 216(b).

3.         Venue is appropriate in this Division pursuant to the local rules and because Defendant conducts business in Alachua County, Florida.

4.         Plaintiff resides in Alachua County, Florida.

5.         Defendant employs over 500 employees.

6.         Defendant has annual revenues in excess of $1,000,000.00.

7.         Plaintiff began working for Defendant in 2000.

8.         Plaintiff continues to work for Defendant.

9.         Defendant is Plaintiff's employer.

10.       The Plaintiff works in the Garden department.

11.       Plaintiff has the job title of Garden Specialist.

12.       Plaintiff is a Product/Program Manager.

13.       Even though Plaintiff's primary job duty is that of a Product/Program Manager, Plaintiff is paid significantly less than her actual job duties.

14.       Defendant pays Plaintiff approximately $13,000.00 a year for her primary job duties.

15.       Whereas, Defendant pays male employees that do the same job duties approximately $90,000.00 per year.

16.       Based upon information and belief, Dr. Guy, a male, performs similar job duties as Plaintiff but makes more money than Plaintiff.

17.       Based upon information and belief, Mr. Man, a male, performs similar job duties as Plaintiff but makes more money than Plaintiff.

18.       Plaintiff, Guy, and Man all perform the job duties of a Manager, but the males are paid more than Plaintiff, a female.

19.       The E.P.A. proscribes discrimination "between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which [the employer] 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." 29 U.S.C. § 206(d)(1).

20.       Plaintiff was and is paid less for equal work than males who perform jobs that require equal skill, effort, and responsibility and are performed under similar conditions.

21.       Defendant employs employees who handle goods or materials that have moved in interstate commerce, such as computers, paper, pens, phones, and vehicles.

22.       Defendant is engaged in the business of healthcare.

23.       Defendant is an enterprise as defined by 29 U.S.C. § 203(r).

24.       Defendant is an enterprise engaged in commerce as defined by 29 U.S.C. § 203(s).

25.       Defendant pays males more than females.

26.       Defendant pays Plaintiff approximately $13,000.00 per year.

27.       Whereas, Defendant pays males that do similar work over $90,000.00 per year (the average is believed to be $1,050,000.00 per year).

28.       Defendant intentionally paid Plaintiff less than similarly situated male employees.

29.       Plaintiff notified Defendant in October 2002 that she was being paid less than males.

30.       Defendant listened but did not correct the matter.

31.       Defendant willfully violated the E.P.A. or acted in reckless disregard of the Act.

32.       In fact, on May 21, 2009, Defendant told Plaintiff that she did not need to get paid more because her husband made a lot of money.

Therefore, the Plaintiff demands trial by jury, judgment, back pay, liquidated damages, attorneys' fees, costs, and any other relief available under the E.P.A.