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
[While the] bill may have motives in the finest traditions of gallantry, it actually is about as ungallant as a kick in the shins. [These costs arise] from the indisputable fact that women are more prone to housemaking and motherhood than men.
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.
Members of the Council of State Chambers of Commerce do not argue with the principal of equal pay for equal work. However, they have consistently advocated and endorsed a policy of home rule. State legislation on such subjects is preferred to Federal legislation whenever practical. Twenty-two States have enacted equal pay bills. This in itself…indicates that States can adequately cover this subject, and no need exists for additional Federal legislation.
[Consider] the possible impact of this bill upon efforts to equalize wages in plants employing mostly women and relatively few men. If there is a wage differential between men and women that cannot be justified under the restrictive standards of this bill and the wages of the male employees cannot be reduced, a plant could run into serious financial difficulty if it were forced to increase the pay of all female employees to the level of the few male members.
