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 proposed ‘comparable’ work standard is] so general and so vague as to give an administrator a grant of power which could destroy the sound wage structure which many industrial companies have worked for years to perfect.
[T]he inevitable effect of this legislation will be to create an artificial barrier on job opportunities for women. There will be a strong compulsion on employers to divide their jobs into women’s jobs and men’s jobs and to never hire a person of the opposite sex in those jobs just so they will not have the Department of Labor looking over their shoulders.
The retailing industry has long recognized the importance of its women employees. It is natural in this business employing such a preponderance of female employees, that their importance be recognized in many ways—not the least of which is their right to earn coequal salaries with men in the same positions. In fact, there are many jobs in retailing which are better adapted to women employees—and experience has shown are much better performed by them than men. Thus, a policy of paying the rate for the job, without regard to the sex of the worker, is generally reflected in women’s pay checks in the retailing industry.
[The bill would ensure] ‘Another vast Federal bureaucracy’ with an annual budget beginning at more than $1 million and the addition of 240 employees to Uncle Sam’s payroll. The organization suggests the ladies pursue their crusade through the collective bargaining process, rather than through legislation.
