[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.27]

[Page 316-317]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.27  Relationship to the Equal Pay Act of title VII of the Civil 
Rights Act.

    (a) In situations where the jurisdictional prerequisites of both the 
EPA and title VII of the Civil Rights Act of

[[Page 317]]

1964, as amended, 42 U.S.C. 200e et seq., are satisfied, any violation 
of the Equal Pay Act is also a violation of title VII. However, title 
VII covers types of wage discrimination not actionable under the EPA. 
Therefore, an act or practice of an employer or labor organization that 
is not a violation of the EPA may nevertheless be a violation of title 
VII.
    (b) Recovery for the same period of time may be had under both the 
EPA and title VII so long as the same individual does not receive 
duplicative relief for the same wrong. Relief is computed to give each 
individual the highest benefit which entitlement under either statute 
would provide. (e.g., liquidated damages may be available under the EPA 
but not under title VII.) Relief for the same individual may be computed 
under one statute for one or more periods of the violation and under the 
other statute for other periods of the violation.
    (c) The right to equal pay under the Equal Pay Act has no 
relationship to whether the employee is in the lower paying job as a 
result of discrimination in violation of title VII. Under the EPA a 
prima facie violation is established upon a showing that an employer 
pays different wages to employees of opposite sexes for equal work on 
jobs requiring equal skill, effort and responsibility, and which are 
performed under similar working conditions. Thus, the availability of a 
remedy under title VII which would entitle the lower paid employee to be 
hired into, or to transfer to, the higher paid job does not defeat the 
right of each person employed on the lower paid job to the same wages as 
are paid to a member of the opposite sex who receives higher pay for 
equal work.