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 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 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.
Proponents of Federal equal pay at times say that variations in State laws indicate a need for a Federal law which will promote uniformity. Such a contention is unsound. A certain amount of experimentation is desirable to find the type of law that works best. The efforts in the 22 States [with equal pay laws already on the books] amount, in effect, to laboratories of experiment….This opportunity for the 50 States to learn from one another is highly desirable. It would be forever lost once Federal legislation takes effect.
[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.
