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 recognizes the need for responsible conscientious treatment of its workers. There is justifiable resentment against unnecessary further incursion of the Federal Government into business operations with the attendant danger of increased bureaucratic controls, increased interference with private business, and, most important, further regimentation of the individual.
…the passage of Federal legislation will add an unnecessary additional Federal bureaucracy and the inherent added enforcement expense will only increase the already large deficit in the Federal budget. State action and voluntary employer activity have done an excellent job in the area of equal pay to date, and we are optimistic that such activity will proceed at an even faster pace in the future.
Then, too, State legislation is now effective in 21 States…In 1945 and since then each year, Federal legislation has been introduced to provide by governmental fiat equal or comparable pay, more often comparable. The Federal bills have all failed of passage [sic]. NAM took its position against them for reasons hereinafter stated. It now opposes the current bills to which this statement is directed although standing behind the principle they support otherwise better achievable through other sources.
There are four major developments which make this proposed law of dubious value. Advancement of the worthwhile and sound objective of equal pay for equal work has already been well accomplished through: 1) General acceptance by employers; 2) A continuing aftermath of World War II developments; 3) Collective bargaining agreements; and 4) The tremendous increase in the establishment of job evaluation systems under which pay differentials based on sex are automatically abolished. It is through these channels that progress has been made and will continue to be made in eliminating multiple standards in the payment of wages.
