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
[T]he inevitable effect of this legislation will be to create an artificial barrier on job opportunities for women. There will be a strong compulsion on employers to divide their jobs into women’s jobs and men’s jobs and to never hire a person of the opposite sex in those jobs just so they will not have the Department of Labor looking over their shoulders.
[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.
…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.
[While the] bill may have motives in the finest traditions of gallantry, it actually is about as ungallant as a kick in the shins. [These costs arise] from the indisputable fact that women are more prone to housemaking and motherhood than men.

