The general manager also required female employees to leave work early if the restaurant was not busy while male employees were permitted to work a full eight-hour shift. 56 (codified at 29 U.S.C.A. "[4], In 1944, Republican congresswoman Winifred C. Stanley from Buffalo, N.Y. introduced H.R. (2005) (Sponsored by Senator, Paycheck Fairness Act, H.R. "More companies prioritize gender diversity than racial diversity, perhaps hoping that focusing on gender alone will be sufficient to support all women," she wrote. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. (a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum workweek lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. 201 et seq. While women again accounted for 37% of the total workforce, they only earned an average of 59 cents on the dollar compared to men. Therefore, if an employer chooses to hire only men, or only women for a particular job, there is no potential for a pay disparity between genders for the performance of equal jobs. 1687 109th Cong. Eighteen years later, on June 10, 1963, President John F. Kennedy signed the Equal Pay Act into law. In 1961, labor activist Esther Peterson was appointed to head the Women's Bureau in the Department of Labor, which was responsible for administering gender-issue labor laws. The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). [22] With the possible side effects of the Act noted on the Congressional record, the Act passed with little opposition, and no indication that any of the four affirmative defenses were intended to remedy or limit its negative consequences. First, the same 88th Congress enacted Title VII of the Civil Rights Act of 1964. That means the law isn't (and hasn't been) working like it's supposed to. (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 [section 6] or section 207 [section 7] of this title, or in violation of any regulation or order of the Secretary issued under section 214 [section 14] of this title, except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful; (2) to violate any of the provisions of section 206 [section 6] or section 207 [section 7] of this title, on any of the provisions of any regulation or order of the Secretary issued under section 214 [section 14] of this title; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; (4) to violate any of the provisions of section 212 [section 12] of this title; (5) to violate any of the provisions of section 211(c) [section 11(c)] of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) [section 11(d)] of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect. Senator Bennett proposed his amendment to ensure that in the event of conflicts between Title VII and the EPA, "the provisions of the [EPA] shall not be nullified." By 1960, there were approximately 25 million women working outside the home. Rec. ], or the Bacon-Davis Act [40 U.S.C. The Equal Pay Act of 1963: 5 Events That Led to the Legislation. Once a plaintiff meets her or his heavy burden and establishes a prima facie case of gender discrimination under the EPA, then the defendant may avoid liability only by proving the existence of one of four statutory affirmative defenses. This phrase had proven to be problematic in the past and after much discussion, was eventually changed to the less controversial "equal work" which meant, "jobs requiring equal skill, effort, and responsibility, and which are performed under similar working conditions." (g) The exemption from section 206 [section 6] of this title provided by paragraph (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to, but materially support the activities of the establishment employing such employee; and (2) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. FACT CHECK: We strive for accuracy and fairness. L. No. But if you see something that doesn't look . So, why has progress been so small and slow? Octavia Spencer: Jessica Chastain helped me get 5 times the salary I asked for, Study: 80% of women would leave a company for one that offered better gender equality, Sheryl Sandberg has a message for men who've adopted the 'Pence rule', Get Make It newsletters delivered to your inbox, Learn more about the world of CNBC Make It, 2023 CNBC LLC. About this Resource Grade Level 9 10 11 12 Time Required 0-1 hour Curricular Resource Type Progress Made in Pay Gaps but Much Work to be Done - National Law Review Harris, US Employment Service War Manpower Commission, 1942-1945, During the first decades of the 20th century, women made up less 24% of the U.S. workforce. In this lesson plan, students will discuss the issue and examine the Equal Pay Act of 1963 for its strengths and weaknesses. Rec. Melissa Fugiero is a contributor to SAGE Publications. Many women prove reluctant to take on heavy responsibility or to boss men on the job. Know Your Rights: The Equal Pay Act - AAUW Fifty-three years after President John F. Kennedy signed the Equal Pay Act (EPA) women still earn just about 79 cents for every dollar men earn, according to the American Association of University Women (AAUW). According to the National Women's Law Center, women of color account for 17 percent of the overall workforce, but make up 33 percent of some of the fastest-growing low-wage jobs like retail, fast food, personal care aides and home health aides. [Section 3 of the Equal Pay Act of 1963 amends section 6 of the Fair Labor Standards Act by adding a new subsection (d). According to a recent study from the Center for American Progress, if the gender wage gap continues to shrink at the same rate as it did between 1963-2021, then women working full-time "will not . ), women need proactive solutions aimed at addressing the problem, because it's no longer enough to applaud progress especially when it has trickled forth at a snail's pace. Pub. Rather than celebrating how far women have come (a paltry 20 cents! The Supreme Court has expressly recognized the view that the EPA must be broadly construed to achieve Congress goal of remedying sexual discrimination. A Division of NBC Universal. In his speech the President denounces discrimination based on sex, and calls for increased assistance programs . (b) For the purpose of subsection (a)(1) of this section proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods. Not Reprinted in U.S. Code [Section 14] Separability. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Congress didn't take major action to address. Both organizations claimed that these costs were caused by higher rates of absenteeism and turnover among female workers and by state laws requiring special benefits such as rest periods, a longer time for meals, and separate toilets. Examining the Equal Pay Act of 1963 Students discuss the issue of gender pay equity, examine the Equal Pay Act of 1963 for its strengths and weaknesses, and analyze the significance of the signatures, stamps, and markings on an official document. Sadly, that 79 cents which equates to a 21 percent gap is considered progress, a disgracefully inadequate amount of progress, but progress all the same. Since women had traditionally earned less for doing similar work, unions and . [24][25], In 2005, Senator Hillary Clinton introduced the "Paycheck Fairness Act," which proposed to amend the EPAs fourth affirmative defense to permit only bona fide factors other than sex that are job-related or serve a legitimate business interest. [17] For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. INVESTIGATIONS, INSPECTIONS, RECORDS, AND HOMEWORK REGULATIONS. "A condition we can ill afford": Debating the Equal Pay Act of 1963 Folder Description: This folder contains a press copy of President John F. Kennedy's remarks upon signing the Equal Pay Act of 1963, which aims to abolish arbitrary wage differentials based on sex. The EPA, Section 206(d)(1), prohibits "employer[s] [from] discriminat[ing] on the basis of sex by paying wages to employees [] at a rate less than the rate [paid] to employees of the opposite sex [] for equal work on jobs [requiring] equal skill, effort, and responsibility, and which are performed under similar working conditions[.]" Magazines, Do Not Sell or Share My Personal Information, How TIME Once Mansplained Why Equal Pay for Women Wouldn't Work. 2007. "Mind the gap" is an infamous warning issued thousands of times a day to passengers riding London's Underground subway, cautioning them to remain aware of the crevice ready to trip them up between the station platform and the subway car. .manual-search ul.usa-list li {max-width:100%;} Magazines, Digital (b) The agency referred to in subsection (a) shall be-. This means that women of color are overrepresented in jobs that pay the federal minimum wage of just $7.25 per hour. Equal pay for equal work - Wikipedia However, when men joined the military to fight in World War II, women were recruited to take their place and by 1945, 37% of the civilian workforce was female. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Native American women earn $0.57 to every dollar, and Latina women earn $0.54. This was supposedly due to added costs associated with female workers. Paycheck Fairness Act - Wikipedia