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 broadly and vaguely worded administrative and enforcement provisions of [the bill] would authorize extensive governmental intervention in labor-management relations far exceeding the purported evils at which this legislation is allegedly directed. Such provisions, moreover, effectively give the Secretary and his agents an unlimited license to destroy the wage structures which both management and labor have worked for years to develop….The exercise of such unlimited powers could not but grievously and irreparably injure labor management relations throughout the Nation.
You can’t really blame the U.S. Chamber of Commerce, for instance, for opposing the bill, chivalrous at heart as its members may be. For in addition to the possibility of added costs, there’s this problem: It’s a rare woman, we gather, who doesn’t think she is discriminated against on payday.
[The proposed ‘comparable’ work standard is] so general and so vague as to give an administrator a grant of power which could destroy the sound wage structure which many industrial companies have worked for years to perfect.
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.
