Introduction:
The Equal Pay Act is a federal law that prohibits employers from paying different wages to employees of different genders who perform substantially equal work. The Act was passed in 1963 as an amendment to the Fair Labor Standards Act and aimed to address gender-based wage discrimination in the workplace.
In this article, we will delve into the Equal Pay Act, including its text, history, application, and impact on the workplace.
Equal Pay Act Text:
The text of the Equal Pay Act states that “No employer shall discriminate between employees on the basis of sex by paying wages to employees in such employment at a rate less than the rate at which he pays wages to employees of the opposite sex in such employment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.”
The Act applies to all employers covered by the Fair Labor Standards Act, including those engaged in interstate commerce and who have at least two employees. It covers all types of jobs, regardless of whether they are full-time or part-time.
History of the Equal Pay Act:
The Equal Pay Act was passed in 1963 as an amendment to the Fair Labor Standards Act, which regulates minimum wage, overtime pay, and other labor standards. The Act was introduced by Representative and future President, John F. Kennedy and was a response to the growing problem of gender-based wage discrimination in the workplace.
Before the Act was passed, women were routinely paid less than men for work of equal value. Women earned an average of 59 cents for every dollar earned by men, even if they were performing the same job with the same level of skill and experience. The Equal Pay Act aimed to address this disparity and promote gender equality in the workplace.
Application of the Equal Pay Act:
The Equal Pay Act applies to all employers covered by the Fair Labor Standards Act. It prohibits employers from discriminating between employees on the basis of gender by paying lower wages to employees of one gender than to those of another gender for equal work.
To establish a violation of the Act, an employee must show that they are performing substantially equal work to an employee of the opposite gender, and are receiving less pay based on their gender. This requires a comparison of the work performed by both employees, including factors such as skill, effort, responsibility, and working conditions.
Employees who believe they have been subjected to gender-based wage discrimination may file a complaint with the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against their employer.
Impact of the Equal Pay Act:
The Equal Pay Act has had a significant impact on the workplace and has contributed to a reduction in gender-based wage discrimination. Since the Act was passed in 1963, the gender pay gap has narrowed, although it still exists and varies by occupation, industry, and race.
According to the Bureau of Labor Statistics, in 2020, women earned 82 cents for every dollar earned by men. This gap is slightly narrower than the 79 cents per dollar that was found in 2016. However, there is still work to be done to eliminate gender-based wage discrimination in the workplace.
The Equal Pay Act has also paved the way for other laws and regulations aimed at promoting wage equality. For example, in 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act, which extended the statute of limitations for employees to file pay discrimination claims. Additionally, several states and municipalities have passed their own equal pay laws, some of which go beyond the provisions of the federal Equal Pay Act.
Conclusion:
The Equal Pay Act is a landmark piece of legislation that prohibits gender-based wage discrimination in the workplace. It has had a significant impact on promoting gender equality in the workplace and has contributed to a reduction in the gender pay gap. However, the gender pay gap still exists, and policy-makers and businesses must continue to address this issue and work towards eliminating wage discrimination in all forms.
Text of the Equal Pay Act:
(from: https://www.dotcr.ost.dot.gov/Documents/ycr/EQUALPAY.HTM)
EQUAL PAY ACT OF 1963
Document Number: PL 88-38
Date: 10 JUN 63
Public Law 88-38
AN ACT
To prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. June 10, 1963 [S. 1409]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Equal Pay Act of 1963,”. Equal Pay Act of 1963.
DECLARATION OF PURPOSE
SEC. 2. (a) The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex–
(1) depresses wages and living standards for employees necessary for their health and efficiency;
(2) prevents the maximum utilization of the available labor resources;
(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
(4) burdens commerce and the free flow of goods in commerce; and
(5) constitutes an unfair method of competition.
(b) It is hereby declared to be the policy of this Act, through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the conditions above referred to in such industries.
SEC. 3. Section 6 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. et seq.), is amended by adding thereto a new subsection (d) as follows: Discrimination prohibited. 52 Stat. 1062; 63 Stat. 912.
(d)
(1) 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: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. 29 USC 206.
(2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection.
(3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this Act.
(4) As used in this subsection, the term ‘labor organization’ means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.” “Labor organization.”
SEC. 4. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment: Provided, That in the case of employees covered by a bona fide collective bargaining agreement in effect at least thirty days prior to the date of enactment of this Act, entered into by a labor organization (as defined in section 6(d)(4) of the Fair Labor Standards Act of 1938, as amended), the amendments made by this Act shall take effect upon the termination of such collective bargaining agreement or upon the expiration of two years from the date of enactment of this Act, whichever shall first occur. Effective date.
Approved June 10, 1963, 12:00 m.
