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.
Indeed, it is not unreasonable to question the need or advisability of State laws or their continuance in view of the substantial progress made at an accelerated pace through voluntary action and collective bargaining, but since all of the most heavily industrialized States have already legislated in the field, surely there is no need for duplication through Federal law.
The retailing industry has long recognized the importance of its women employees. It is natural in this business employing such a preponderance of female employees, that their importance be recognized in many ways—not the least of which is their right to earn coequal salaries with men in the same positions. In fact, there are many jobs in retailing which are better adapted to women employees—and experience has shown are much better performed by them than men. Thus, a policy of paying the rate for the job, without regard to the sex of the worker, is generally reflected in women’s pay checks in the retailing industry.
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.
