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
Millions of women will get pay raises over the next years, but countless others are in danger of losing their jobs.
Our members are not so much concerned with the prospective legislative mandate to pay women on an equal basis with men as they are with (1) the need for a Federal statute and (2) the consequences of a blank check to be given to the Secretary of Labor to engage in ‘fishing expeditions,’ ultimately resulting in harassing retailers and, in some cases, punitive action.
[T]he inevitable effect of this legislation will be to create an artificial barrier on job opportunities for women. There will be a strong compulsion on employers to divide their jobs into women’s jobs and men’s jobs and to never hire a person of the opposite sex in those jobs just so they will not have the Department of Labor looking over their shoulders.
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.
