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
Any figures advanced to sustain a case that extensive rate discrimination exists, are likely to be misleading because they cannot represent the full extent to which the principle of equal pay for equal work exists throughout industry. While contract provisions might show the degree to which equal pay is embodied in collective bargaining agreements, they fail to indicate the far greater number of cases where employers of their own volition paid the same rates to men and women where jobs were equal, or where an identical wage scale is applicable to men and women although no specific ‘equal wage’ provision is contained in the agreement.
[We stand] with those who would eliminate injustice and inequality wherever it may exist….[But] We do not wish to see Federal legislation enacted which could create greater problems and bring about greater injustices.
[T]hink of the handicaps nature and the various State legislatures have placed on women who seek employment in a field where men traditionally have operated….A man can work any hours necessary….If we hire a woman for that job we take into consideration the fact that she may very well get married and leave our employ because of the birth of a child or because her husband moves to another place….we may decide that it is worth running that risk if we pay $50 to $100 a month less. If, however, we have to pay the same rate of pay and we have a choice between a man and a woman, it would not be worthwhile to hire that person.
We have had several young men start out as secretaries and later rise to positions of importance. …When these young men started, and as they progressed, I am certain that their wages were higher than some female secretaries doing equal or superior work. But we also knew that there was a possible potential of their rising to more important jobs, supervising a large number of men. If this law is passed, we will hire women for all secretarial positions and be deprived of this avenue of advancement.
