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 Secretary of Labor becomes prosecutor, judge, and legislator. He is given extensive authority to intervene and interfere in employer-employee relations. He must build a considerable Federal division of his Department to accomplish this purpose at increased cost to the taxpayers….Further, the Secretary is not required to await the complaint of an aggrieved employee. He is empowered to prevent any person from engaging in the prohibited wage discrimination. He may proceed on his own motion. There is not limit to the interference with efficient operations or the amount of snooping which may result in an effort to uncover evidence concerning existing or possible future wage discrimination.
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.
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.
[We stand] with those who would eliminate injustice and inequality wherever it may exist….[But] We do not wish to see Federal legislation enacted which could create greater problems and bring about greater injustices.
