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
[Joining unions, not] perpetuat[ing] a principal based upon the assumption that women are wards of the state [is the best way to reduce inequality]…[But gender inequality is] deeply rooted in our civilization [and what inequality cannot be dealt with through collective bargaining can only be dealt with through] evolutionary processes.
We are asked to add this role for government at a critical time. The Federal budget is out of balance and under stress….Nondefense items, such as the one proposed, are currently causing our greatest spending increase.
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 principal of equal pay for equal work sounds…simple [but]….We cannot ignore the variables inherent in our private enterprise system, or give all discretion in resolving them to some single group or agency such as the Department of Labor, if we are to continue as free men and women.
