Arbitration and Grievance Procedures under the Federal Service Labor-Management Relations Statute

Background

The Equal Pay Act of 1963

In 1963, Congress passed the Equal Pay Act in an effort to equalize the largely disparate pay received by men and women who were performing the same job. The Act was an amendment to the Fair Labor Standards Act of 1938. Under the Act, Congress specifies that employers may not discriminate on the basis of sex by paying women less than men, and vice versa, when they are performing "equal work." The Act predates Title VII of the Civil Rights Act of 1964. Although the functions of the two Acts overlap, the Equal Pay Act remains in full force.

Remedies Available in Title VII Employment Discrimination Actions

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, sex, religion, or national origin. Actionable employment discrimination can stem from adverse employment actions like being fired or demoted on the basis of race, color, sex, religion, or national origin. It can also stem from a hostile work environment created by pervasive or substantial sexual harassment. If an employee believes that he or she is the victim of unlawful employment discrimination, he or she may pursue remedies under Title VII.

Federal Employees Covered Under the Labor-Management Relations Statute

In 1962, federal employees were first granted the right to participate in collective bargaining through labor unions of their choice. That right was expanded and solidified in Title VII of the Civil Service Reform Act of 1978, known as the Federal Service Labor-Management Relations Statute.

Volunteers and the Fair Labor Standards Act

Background