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.
The additional costs required to administer equal pay legislation cannot equal the benefits proposed. Legislation such as this is destined to increase the size of our bureaucracy at a time when every effort should be made for stabilizing our economy.
We have had several young men start out as secretaries and later rise to positions of importance. …When these young men started, and as they progressed, I am certain that their wages were higher than some female secretaries doing equal or superior work. But we also knew that there was a possible potential of their rising to more important jobs, supervising a large number of men. If this law is passed, we will hire women for all secretarial positions and be deprived of this avenue of advancement.
Then, too, State legislation is now effective in 21 States…In 1945 and since then each year, Federal legislation has been introduced to provide by governmental fiat equal or comparable pay, more often comparable. The Federal bills have all failed of passage [sic]. NAM took its position against them for reasons hereinafter stated. It now opposes the current bills to which this statement is directed although standing behind the principle they support otherwise better achievable through other sources.
