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
It would give the Secretary of Labor vast new powers over private industry with authority to investigate complaints, conduct hearings, issue orders, regulations and interpretation, and initiate legal actions to enforce complaints. Moreover, it would project Government into the job evaluation process—a prerogative traditionally reserved to management.
[Joining unions, not] perpetuat[ing] a principal based upon the assumption that women are wards of the state [is the best way to reduce inequality]…[But gender inequality is] deeply rooted in our civilization [and what inequality cannot be dealt with through collective bargaining can only be dealt with through] evolutionary processes.
To have any meaning at all, a comparison of wage rates must be based on the wages of employees doing at least the same kind of work. For example, if one includes the wages of both skilled and unskilled employees in determining the average rates for women and men, the sex having the greater number of skilled workers will obviously have the higher average wage rate. There are, of course, a greater number of skilled male employees than skilled female employees. Consequently, when average wage rates are compared without being limited to the type of work being performed, the comparison is not merely meaningless; it is totally misleading. The resultant differential between the average wage rates of women and men simply cannot properly be used to support an argument that Federal equal pay legislation is necessary.
The retailing industry recognizes the need for responsible conscientious treatment of its workers. There is justifiable resentment against unnecessary further incursion of the Federal Government into business operations with the attendant danger of increased bureaucratic controls, increased interference with private business, and, most important, further regimentation of the individual.
