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 additional costs required to administer equal pay legislation cannot equal the benefits proposed. Legislation such as this is destined to increase the size of our bureaucracy at a time when every effort should be made for stabilizing our economy.
The fact that men have been employed in industry over a longer period than have women in general, and also the fact that the average length of time devoted to industry by a man is greater than that of women, makes it natural that the jobs which require more experience and certain higher skills are more frequently assigned to men than to women.
Indeed, it is not unreasonable to question the need or advisability of State laws or their continuance in view of the substantial progress made at an accelerated pace through voluntary action and collective bargaining, but since all of the most heavily industrialized States have already legislated in the field, surely there is no need for duplication through Federal law.
The principle of equal pay for equal work performance within the wage structure of business establishments is sound. Pay for individuals, allowable within the company’s wage structure, is soundly based when work performance, irrespective of age, sex, or other personal factors is considered.
