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
Not only does there seem to be no necessity for this kind of Federal legislation, but these specific bills go far beyond the alleged purpose of advancing the cause of equal pay for equal work. They involve undue interference in the work relationship in a manner which would cause serious and numerous operating difficulties, interfere with efficient management, and prove disruptive to good relations between employers and employees.
To have any meaning at all, a comparison of wage rates must be based on the wages of employees doing at least the same kind of work. For example, if one includes the wages of both skilled and unskilled employees in determining the average rates for women and men, the sex having the greater number of skilled workers will obviously have the higher average wage rate. There are, of course, a greater number of skilled male employees than skilled female employees. Consequently, when average wage rates are compared without being limited to the type of work being performed, the comparison is not merely meaningless; it is totally misleading. The resultant differential between the average wage rates of women and men simply cannot properly be used to support an argument that Federal equal pay legislation is necessary.
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.
Proponents of Federal equal pay at times say that variations in State laws indicate a need for a Federal law which will promote uniformity. Such a contention is unsound. A certain amount of experimentation is desirable to find the type of law that works best. The efforts in the 22 States [with equal pay laws already on the books] amount, in effect, to laboratories of experiment….This opportunity for the 50 States to learn from one another is highly desirable. It would be forever lost once Federal legislation takes effect.
