Equal Pay Act vs. Paycheck Fairness Act

EQUAL PAY ACT

Acceptable reasons to paying women less than men: Seniority, merit, productivity — but managers can give vague reasons, like personality, to hide gender discrimination.

Damages a plaintiff suing under the law is allowed: Retroactive pay for only the two previous years. No punitive damages, so no real deterrent for employers.

Disclosing your salary with fellow workers: Not protected. Currently, about 50 percent of private companies will fire you for doing so.

PAYCHECK FAIRNESS ACT

Acceptable reasons to paying women less than men: Seniority, merit, productivity — or a legitimate business reason, like having fewer credentials than a male colleague.

Damages a plaintiff suing under the law is allowed: Compensatory pay for two previous years (can include medical expenses or retirement benefits). Punitive damages allowed.

Disclosing your salary with fellow workers: Allows you to share salary and ask about pay policies, thus creating transparency.