Equal+Pay+Act

Jana Midlock

**Definition**

 The Equal Pay Act (EPA) of 1963 states that “no employer having employees engaged in commerce or in the production of goods for commerce shall discriminate, in any place of employment in which his employees are so engaged, between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays wages to any employee of the opposite sex for work of comparable character on jobs the performance of which requires comparable skills, except where such payment is made pursuant to a seniority or merit increase system which does not discriminate on the basis of sex” (U.S. Senate, 1963). This means that the Equal Pay Act works to “proh// ibit[s] sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions” ( //U.S. Equal Employment Opportunity Commission, n.d.// ). What this all essentially means is that men and women must receive equal pay for equal work. //

// However, the Equal Pay Act (EPA) only deals with equal pay in regards to gender. It does not deal with “the issues of unequal pay based upon race, religion, national origin, disability, or age…The EPA only provides the right to equal compensation for equal work based upon sex//// ” (Greenlaw & Kohl, 1995, p. 297). //

//** History **//

// During World War II, many women took jobs to assist the war effort (Brunner, 2007). The National War Labor Board pushed for employers to pay women the same wages as men, however doing so was simply suggested, and not required (Brunner, 2007). Even as early as the beginning of the 1960s, want ads looking to hire workers listed separate jobs for men and women (Brunner, 2007). Often times the higher paying jobs were listed as male only (Brunner, 2007). Even jobs that were no different from each other were listed under male and female categories, with different wages to be earned (Brunner, 2007). Proof of this can be seen in the fact that “between //1950 and 1960, women with full time jobs earned on average between 59–64 cents for every dollar their male counterparts earned in the same job” (// Brunner, 2007 //). It was not until June 10 of 1963 when President John F. Kennedy signed the Equal Pay Act into law, making it unlawful to pay employees different salaries based solely on the basis of gender (// Brunner, 2007 //). However, even today there is still disproportion in women’s salaries - “Women earned 59% of the wages men earned in 1963; in 2008 they earned 77% of men's wages—an improvement of about half a penny per dollar earned every year” (Brunner, 2007). This differentiation in wages could contribute to the older females in the workforce who hold jobs that are still in the mindset of earlier times (Brunner, 2007).




 * “Defenses under the Equal Pay Act”**

Though with the Equal Pay Act it is against the law to pay different earnings to worker solely based on gender, there are instances where wage differentials are acceptable. When based on seniority, merit, quantity or quality of production, a factor other than sex, paying different wages is appropriate. When based on seniority, the wage disparity must be on a bona fide seniority system. This means “it must be an established seniority system that is communicated to employees and consistently applied, and it must not have been adopted with a discriminatory purpose” (The United Stvates Equal Employment Opportunity Commission Technical Assistance Program,1996, p. K-2). When based on a merit system, the merit system must be communicated to employees and be put into operation in a constant and reliable manner (The United States Equal Employment Opportunity Commission Technical Assistance Program, 1996). In a quantity or quality of production, people may receive greater wages based on factors such as commission (The United States Equal Employment Opportunity Commission Technical Assistance Program, 1996). For example, in sales jobs, if a man were to receive a higher income than a woman because the man brought in more sales revenue, this would not breach the Equal Pay Act (The United States Equal Employment Opportunity Commission Technical Assistance Program, 1996). Factors other than sex include aspects such as education or experience that can make wage differentials acceptable. For instance, a male researcher with a PhD who is paid more than a female researcher who has a master’s degree would not violate the EPA because the male researcher has a higher degree than the female researcher. Similarly, if the male researcher also had more experience in the field, he may be able to make more as well.

The aforementioned instances are important because they demonstrate instances when equal pay may be permitted. It is important to know these circumstances so that men and women are aware of when unequal pay is justified or unjustified. It is also important to note that a key feature of these wage differentials is the communication between employer and employee. An employer should make certain that an employee is aware of the instances when wage differentials are acceptable and when they are not so that an employee may not accuse a company of sexual discrimination.


 * Equal Pay Act, Social Roles Theory, and South Davis Community Hospital**

The Social Roles Theory proposes that “gender roles developed concerning expectations about what men and women are supposed to be like” (B. Bond, lecture, February 23, 2011). It is assumed that males will conform to gender roles that are masculine in nature, and that females will comply with more typically feminine gender roles (B. Bond, lecture, February 23, 2011). The Social Roles Theory can be applied in the workplace, and also pertains to aspects regarding the Equal Pay Act. For example, South Davis Community Hospital had nine maids and three janitors on their staff (Fogel, 1984). A court decision had ruled that the maid and janitor jobs were equal. However, the male janitors were earning higher wages than the female maids (Fogel, 1984). This could lead to the idea that “the hospital management…derived some discriminatory satisfaction out of hiring male janitors and paying them more than was necessary to get its janitorial functions carried out” (Fogel, 1984, p. 64). However, it is more probable that the hospital paid the male janitors more than the female maids because the janitorial position involved greater physical effort than the maid position, “in other words, the greater physical strength had a greater economic value” (Fogel, 1984, p. 64). Therefore, men were hired for the janitorial jobs at this higher rate, though the court opinion “did not indicate whether women applicants were also available for the janitor position and were discriminated against in hiring” (Fogel, 1984, p. 64). This example involving South Davis Community Hospital goes to show that there sometimes are violations of the Equal Pay Act in the workplace. In addition, it exemplifies how Social Roles Theory plays a part in the types of jobs men and women apply for, as well as what types of jobs they get hired for. Since Social Roles Theory propositions that males will assume masculine gender roles and females feminine ones, this explains why men were in the more masculine title of janitors and women under the more feminine title of maids, even though the court found the jobs to be equal. Social Roles Theory helped not only shaped what jobs men and women applied for, but what job titles and salaries they received as a result of their gender.


 * // References // **

// Author Unknown. (2011, April 9). Infoplease [image and caption]. Retrieved from // // http://www.infoplease.com/spot/equalpayact1.html //

// B. Bond, lecture, February 23, 2011 //

// Brunner, B. (2007). //The Wage Gap: A History of Pay Inequity and the Equal Pay Act//. Retrieved April 4, 2011, from Pearson Education, Inc. website:// // http://www.infoplease.com/spot/equalpayact1.html //

// Fogel, W. (1984). //The Equal Pay Act: Implications for Comparable Worth//. New York, NY: Praeger Publishers//

// Greenlaw, P.S. & Kohl, J.P. (1995). The equal pay act: Responsibilities and rights. //Employee Responsibilities and Rights Journal//, 8(4), 295-307.// doi: 10.1007/BF02623734

The United States Equal Employment Opportunity Commission Technical Assistance Program (1996). //Sex Discrimination Issues//.

U.S. Equal Employment Opportunity Commission (n.d). //The Equal Pay Act of 1963//. Retrieved April 4, 2011, from //http://www.eeoc.gov/laws/statutes/epa.cfm//

U.S. Senate (1963). //Hearings: Equal Pay Act of 1963//. Washington: U.S. Government Printing Office