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
[W]e feel that in a free competitive economy, the task of equal pay to women workers is properly within the province of collective bargaining and not of police action by the government.
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.
Although there may be some inequitable situations in an industry as large as retailing, it should be pointed out that there have been conscientious efforts made to correct them. Further, in many States the situation has been corrected through the enactment of equal pay laws.
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.
