Equal Pay Act of 1963

Equal Pay Act of 1963
U.S. Government · Public domain · source
Shorttitle	Equal Pay Act of 1963
Longtitle	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.
Enacted by	88th
Effective date	June 11, 1964
Cite public law	88-38
Acts amended	Fair Labor Standards Act of 1938
Title amended	29 U.S.C.: Labor
Sections created	29, 206
Introducedin	House
Introducedby	Rep. Katherine St. George (R-NY)
Introduceddate	May 23, 1963
Committees	House Education and Labor
Passedbody1	House
Passeddate1	May 23, 1963
Passedvote1	Voice vote
Passedbody2	Senate
Passeddate2	May 28, 1963
Passedvote2	Voice vote
Passedbody5	House
Passeddate5	May 28, 1963
Passedvote5	Roll call; 362-9
Passedbody6	Senate
Passeddate6	May 28, 1963
Passedvote6	Voice vote

Equal Pay Act of 1963 is a landmark United States labor law amending the Fair Labor Standards Act of 1938. It aimed to abolish wage disparity based on sex, mandating equal pay for equal work regardless of gender. Signed into law by President John F. Kennedy as part of his New Frontier agenda, it represented the first federal legislation designed to prevent sex discrimination in compensation.

Background and legislative history

The push for federal equal pay legislation gained momentum during World War II, as women like Rosie the Riveter entered the industrial workforce in unprecedented numbers. Post-war, despite the advocacy of groups like the National Woman's Party and labor unions such as the United Automobile Workers, women's wages remained significantly lower. Early legislative efforts, including proposals by Congresswomen Frances Payne Bolton and Edith Nourse Rogers, repeatedly failed. The issue was revitalized by the Presidential Commission on the Status of Women, established by John F. Kennedy and chaired by Eleanor Roosevelt. Its 1963 report, American Women, highlighted pervasive pay inequity. Key congressional sponsors included Representative Katherine St. George and Senator Patrick V. McNamara, with crucial support from Esther Peterson, the head of the Women's Bureau in the United States Department of Labor. The bill passed with strong bipartisan support, facing little of the fierce opposition that would later greet the Civil Rights Act of 1964.

Provisions and legal requirements

The Act prohibits employers from discriminating "between employees on the basis of sex by paying wages to employees... at a rate less than the rate at which he pays wages to employees of the opposite sex... for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions." It explicitly allows for differentials based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or "any other factor other than sex." The law originally covered executives, administrators, and professionals, but a 1972 amendment expanded its reach. Enforcement was initially assigned to the Secretary of Labor, but was later transferred to the Equal Employment Opportunity Commission (EEOC) under the Reorganization Plan No. 1 of 1978.

Impact and enforcement

The Act provided a critical legal tool for challenging wage discrimination. Early enforcement was cautious, but landmark court decisions strengthened its application. In *Schultz v. Wheaton Glass Co.* (1970), the United States Court of Appeals for the Third Circuit ruled that "equal work" does not mean "identical," but "substantially equal," broadening the law's scope. The United States Supreme Court further empowered plaintiffs in *Corning Glass Works v. Brennan* (1974), holding that employers cannot justify pay disparities by labeling a job "men's night work." The EEOC's enforcement and the rise of class-action lawsuits led to significant back-pay awards for women in industries like banking, insurance, and higher education. These legal victories helped narrow, though not eliminate, the aggregate gender pay gap.

Criticisons and limitations

Critics have long argued the Act's core framework is too narrow. The "equal work" standard is often difficult to prove, especially in segregated occupations where men and women hold different job titles. The law does not address the issue of "comparable worth," where dissimilar jobs may require equivalent skill or effort. Furthermore, the "factor other than sex" defense has been successfully used to justify pay differentials based on prior salary history—a practice that can perpetuate past discrimination. Societal factors beyond the law's reach, such as occupational segregation, the motherhood penalty, and differences in negotiation, continue to contribute significantly to the persistent wage gap. Enforcement has also been inconsistent, varying with the priorities of different presidential administrations like those of Ronald Reagan or Barack Obama.

Subsequent related legislation

The Equal Pay Act was quickly followed by the more comprehensive Civil Rights Act of 1964, particularly its Title VII, which prohibits sex discrimination in all terms of employment. The Education Amendments of 1972 extended similar protections to educational institutions. The Pregnancy Discrimination Act of 1978 amended Title VII to clarify its coverage. More recent efforts to strengthen equal pay laws include the Lilly Ledbetter Fair Pay Act of 2009, which reset the statute of limitations for filing claims with each discriminatory paycheck. Proposed legislation like the Paycheck Fairness Act, which would amend the Equal Pay Act to limit defenses and enhance penalties, has repeatedly been introduced in Congress but has not become law. Category:United States federal labor legislation Category:1963 in American law Category:John F. Kennedy