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 broadly and vaguely worded administrative and enforcement provisions of [the bill] would authorize extensive governmental intervention in labor-management relations far exceeding the purported evils at which this legislation is allegedly directed. Such provisions, moreover, effectively give the Secretary and his agents an unlimited license to destroy the wage structures which both management and labor have worked for years to develop….The exercise of such unlimited powers could not but grievously and irreparably injure labor management relations throughout the Nation.
I know that there are variables from plant to plant and business to business, and that if an attempt is made to regiment all industrial relations, individual businesses will suffer—their employees, especially women, can face unemployment—and the national economy will be weakened.
[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.
I have yet to see a woman in a manufacturing establishment who has been able to rise to the top in a manufacturing job….It is because men in general, I think, like to be supervised by men rather than women in factory jobs.
