Equal Pay Act
The Equal Pay Act amended the Fair Labor Standards Act (1938) with the intent to end the disparity in wages between men and women. The amendment argued that sex discrimination depressed wages and living standards for employees, hindered full employment, caused labor disputes that in turn affected commerce, and violated free and fair competition. The crucial part of the amendment: “No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex…”
Commentary
Cry Wolf Quotes
Proponents of Federal equal pay at times say that variations in State laws indicate a need for a Federal law which will promote uniformity. Such a contention is unsound. A certain amount of experimentation is desirable to find the type of law that works best. The efforts in the 22 States [with equal pay laws already on the books] amount, in effect, to laboratories of experiment….This opportunity for the 50 States to learn from one another is highly desirable. It would be forever lost once Federal legislation takes effect.
If my company were compelled to raise all of our female rates in this plant to the male rates in question, it would seriously jeopardize the competitive position of this plant with its competitors located in other states employing all females in these jobs.
It would give the Secretary of Labor vast new powers over private industry with authority to investigate complaints, conduct hearings, issue orders, regulations and interpretation, and initiate legal actions to enforce complaints. Moreover, it would project Government into the job evaluation process—a prerogative traditionally reserved to management.
Although there may be some inequitable situations in an industry as large as retailing, it should be pointed out that there have been conscientious efforts made to correct them. Further, in many States the situation has been corrected through the enactment of equal pay laws.
