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
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.
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 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.
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.
