And lower wages mean they receive lower Social Security benefits in their senior years. This law prohibits unequal pay based on a protected class for all substantially similar work.White House Gender Policy Council. The average woman in the U.S. earns 80 cents for every dollar paid to a man. If companies don't want to pay women equitably, they pay a fine instead. The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. Unequal pay has undermined the fight for gender equality for generations. 11.0 Equal Pay Act Introductory Instruction. 5. 11.1 Elements of an Equal Pay Act Claim. 6. 11.1. The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex.