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 principal of equal pay for equal work sounds…simple [but]….We cannot ignore the variables inherent in our private enterprise system, or give all discretion in resolving them to some single group or agency such as the Department of Labor, if we are to continue as free men and women.
[T]he act will tend to cause labor unrest and labor disputes and disrupt collective bargaining agreements. In virtually every industry of any size, [employees] are represented by a collective bargaining agent which has negotiated an agreement with the employer covering rates of pay and conditions of employment.
I assume that a typical goal of the proposed bill would be to eliminate [pay differentials]….if the bill did this it would eliminate thousands and even hundreds of thousands of job opportunities for women.
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.
