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 proposal would] involve undue interference in the work relationship…interfere with efficient management, and prove disruptive to good relations between employer and employees.
[The bill] is enough to give the boss of a lot of women workers the shudders. So much so that he may stop hiring women altogether. If that happens, pretty soon women would be right back in the place some men think they never should have left.
Certain specific provisions of these bills are bound to result in extensive governmental intervention in employer-employee relations….These terms ‘comparable character’ and ‘comparable skills’ do not necessarily mean the same job. In fact, they are 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.
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.
