Equal Pay Act of 1963
Equal Pay Act of 1963
1) Link to the Text of the Act
Read the statute (29 U.S.C. § 206(d))
2) Why It Was Done
The Act was passed to address wage disparities between men and women by making it illegal for employers to pay unequal wages for substantially equal work.
3) Pre-existing Law or Constitutional Rights
The Fair Labor Standards Act of 1938 (FLSA) established minimum wage and overtime protections but did not address gender-based wage discrimination. This Act amended the FLSA.
4) Overreach or Proper Role?
Supporters saw it as a critical step toward gender equality. Critics argue it has been limited in effect due to loopholes and reliance on employees bringing lawsuits.
5) Who or What It Controls
- Employers covered by the FLSA
- Employees performing substantially equal jobs in the same workplace
6) Key Sections / Citations
- 29 U.S.C. § 206(d)(1): Prohibits pay differentials based on sex
- Permits differentials based only on seniority, merit, production, or other non-sex-based factors
7) Recent Changes or Live Controversies
- Enforcement handled by the Equal Employment Opportunity Commission (EEOC)
- Wage gap persists, leading to calls for stronger laws such as the proposed Paycheck Fairness Act
- Litigation continues over defining “substantially equal work”
8) Official Sources