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
…the Secretary of Labor becomes prosecutor, judge, and legislator. He is given extensive authority to intervene and interfere in employer-employee relations. He must build a considerable Federal division of his Department to accomplish this purpose at increased cost to the taxpayers….Further, the Secretary is not required to await the complaint of an aggrieved employee. He is empowered to prevent any person from engaging in the prohibited wage discrimination. He may proceed on his own motion. There is not limit to the interference with efficient operations or the amount of snooping which may result in an effort to uncover evidence concerning existing or possible future wage discrimination.
…these bills grant extensive powers to the Secretary of Labor which permit of arbitrary application. For in proceeding under the law, the conclusion of the Secretary of Labor could not be upset by the courts, even if a company could prove that the jobs were not comparable, as long as the Secretary could show any substantial evidence that they were comparable.
…the passage of Federal legislation will add an unnecessary additional Federal bureaucracy and the inherent added enforcement expense will only increase the already large deficit in the Federal budget. State action and voluntary employer activity have done an excellent job in the area of equal pay to date, and we are optimistic that such activity will proceed at an even faster pace in the future.
There is little difference between men and women as regards their satisfactory performance in industry. Sound employment and personnel practices are applicable to both men and women are applicable to both men and women and no emphasis should be placed on any distinction between them as workers.
