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 Secretary of Labor becomes prosecutor, judge, and legislator. He is given extensive authority to intervene and interfere in employer-employee relations. He must build a considerable Federal division of his Department to accomplish this purpose at increased cost to the taxpayers….Further, the Secretary is not required to await the complaint of an aggrieved employee. He is empowered to prevent any person from engaging in the prohibited wage discrimination. He may proceed on his own motion. There is not limit to the interference with efficient operations or the amount of snooping which may result in an effort to uncover evidence concerning existing or possible future wage discrimination.
The enactment of any equal pay legislation will add hundreds of employees to an already inflated Federal payroll and hundreds of thousands of dollars to an already astronomical Federal budget.
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.
…these bills grant extensive powers to the Secretary of Labor which permit of arbitrary application. For in proceeding under the law, the conclusion of the Secretary of Labor could not be upset by the courts, even if a company could prove that the jobs were not comparable, as long as the Secretary could show any substantial evidence that they were comparable.
