88 | Developments in Equal Pay Litigation 2026 ©2026 Seyfarth Shaw LLP The EEOC is the federal government’s most powerful agency for the enforcement of federal antidiscrimination laws in the workplace. Authorized by Congress to wield broad investigative and subpoena powers for the prevention and remediation of unlawful employment practices, the EEOC’s enforcement mechanisms cover a range of activities, from individual and systemic claims investigations, conciliation, litigation, and monitoring compliance, to serving as an agent for effecting broader policy change in employment sectors throughout the country. For more than a decade, the EEOC has set forth its top litigation priorities in its Strategic Enforcement Plan. Each year, the Plan has included a focus on advancing equal pay for all workers.709 A.Recent Examples of EEOC Enforcement Activity The number of EEOC lawsuits alleging equal pay violations has dropped significantly in recent years. This has led to a decline in legal decisions relating to equal pay issues, at least those involving the EEOC as a party. Indeed, the EEOC filed only two Equal Pay Act cases in federal court in 2024, and zero such cases in 2025. In both cases filed in 2024, the EEOC sought injunctive relief, back pay, compensatory damages, and an order requiring defendants to implement policies and practices to prevent future pay discrimination. First, in EEOC v. Houston Independent School District, 4:24-cv-00125, the EEOC alleges that defendant HISD, a public school district, violated the EPA by paying lower wages to female Senior Career & Technical Education Program Specialists than it pays to male employees in the same role. The EEOC alleges defendant interpreted its own compensation manual unfairly by limiting the credit assigned to female employes for previous work experience outside of an education setting, resulting in a lower starting salary. The EEOC claims this resulted in male employees being compensated at higher rates than their female colleagues who had equal or more relevant experience. The litigation is ongoing. Second, in EEOC v. AccentCare, Inc., 3:24-cv-01646, the EEOC alleged that AccentCare, Inc. violated the EPA, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991. The EEOC alleged that AccentCare, a home healthcare agency, paid female Licensed Practical Nurses lower wages than a male counterpart for equal work. The complaint further alleged that AccentCare unlawfully retaliated against a female nurse by terminating her employment after she repeatedly complained about the pay disparity. The case was resolved through a two-year consent decree under which the employer agreed to pay $26,000 in monetary relief as well as implement non-monetary measures. Such measures include providing training on the EPA and Title VII for personnel involved in compensation decisions at the relevant office, posting notices informing employees of their rights under federal law, and reporting any complaints of sex-based pay discrimination to the EEOC. As noted above, the EEOC’s enforcement of equal pay issues has dwindled in recent years and has been close to non-existent in 2025. However, employers should be mindful of potential EEOC-driven litigation in this area, particularly if DEI metrics were a factor in compensation decisions. Nevertheless, in recent years, the EEOC has been actively attempting to steer the results of equal pay litigation, even if not as a party itself. For example, in September 2023 the EEOC filed an amicus brief in favor of reversal of the United States District Court for the Middle District of Alabama’s decision in Williams v. Alabama State University.710 In that case, a female Athletic Director of a university alleged she was underpaid compared to her male successor in the same position. Before the university hired her, the plaintiff had earned a master’s degree in athletic administration and worked for two other Division I schools. When plaintiff was hired in 2018, she was given a $135,000 salary with performance incentives. 709 See U.S. Equal Employment Opportunity Commission Strategic Enforcement Plan FY 2024-2028, https://www.eeoc.gov/strategic-enforcement-plan-fiscal-years-2024-2028. 710 Williams v. Ala. State Univ., No. 2:22-cv-48-ECM, 2023 WL 4632386 (M.D. Ala. July 19, 2023).
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