Equal Pay Act of 1963 facts for kids

American Association of University Women members with President John F. Kennedy as he signs the Equal Pay Act into law

One of millions of "Rosie the Riveters" at work

The Equal Pay Act of 1963 is a Federal law that says employers must pay men and women the same amount of money if they are doing the same job that requires the same skills, effort, and responsibility, and is done under similar working conditions. It was created to help make sure people are paid fairly, no matter if they are a man or a woman.

It was signed into law on June 10, 1963 by John F. Kennedy, who at that time was President of the United States. It was part of his plan to make the country better, which he called the "New Frontier Program."

How the Law Works

The Equal Pay Act is pretty clear about what employers can and cannot do. It says that an employer cannot pay employees of one gender less than employees of the opposite gender if they are doing "equal work."

What does "equal work" mean according to the law? It means jobs that require:

• Equal Skill: This looks at things like experience, training, education, and ability needed to do the job.
• Equal Effort: This considers the amount of physical or mental energy needed to perform the job.
• Equal Responsibility: This looks at the level of accountability, supervision, and decision-making required for the job.
• Similar Working Conditions: This refers to the environment where the job is done, like temperature, hazards, or other physical surroundings.

If two jobs require equal skill, effort, and responsibility, and are performed under similar working conditions, then the people doing those jobs should be paid the same, regardless of their gender.

Are There Exceptions?

Yes, the law understands that sometimes people doing similar jobs might be paid differently for reasons that have nothing to do with their gender. The Equal Pay Act allows for pay differences if they are based on one of these four things:

1. A Seniority System: This means paying people more based on how long they have worked for the company.
2. A Merit System: This means paying people more based on how well they perform their job (like getting good reviews or meeting goals).
3. A System Measuring Earnings by Quantity or Quality of Production: This means paying people based on how much they produce or how good the quality of their work is (like commission sales or piecework).
4. A Differential Based on Any Other Factor Other Than Sex: This is a broader category that allows for pay differences based on legitimate business reasons that are not related to gender. For example, differences in education, training, experience, or even where the job is located could potentially fall under this exception, as long as the reason is truly not based on gender.

These exceptions are important because they allow employers to reward experience, performance, and other job-related factors fairly.

History

The idea of equal pay for equal work wasn't brand new in 1963. As early as 1944, a woman in Congress named Winifred C. Stanley tried to pass a law about this, but it didn't happen then. The idea came up again later, and finally, in 1963, Congress passed the Equal Pay Act.

Congress wanted this law to be a strong tool to help fix unfair pay practices. They believed it was important because, historically, women sometimes had less power when asking for pay raises or negotiating salaries. The law was meant to help correct pay structures that were based on old ideas that men should be paid more than women because of their traditional roles in society. It's important to know that the Equal Pay Act protects both men and women from unfair pay based on gender.

The law also protects many different types of workers, including those who might have jobs that are more focused on thinking and managing, like people in administrative, professional, and executive roles.

Aftermath

The Equal Pay Act of 1963 was a great start, but it wasn't the only step taken to ensure fair treatment in the workplace.

Just one year later, in 1964, Congress passed another huge law called the Civil Rights Act. This law made it illegal to discriminate against people in many areas, including employment, based on things like race, religion, national origin, and sex (meaning gender). Title VII of the Civil Rights Act of 1964 expanded protections against discrimination for many more employees and employers.

To make sure the Equal Pay Act and Title VII worked well together, Congress added something called the Bennett Amendment to Title VII. This amendment basically said that the four exceptions allowed under the Equal Pay Act (seniority, merit, production, and factors other than sex) could also be used as defenses in pay discrimination cases brought under Title VII.

Later, in 1972, Congress made the Equal Pay Act even stronger by passing the Education Amendments of 1972. Before this, some types of jobs, like those held by professionals (like doctors or lawyers), executives, and administrators, were not fully covered by the Equal Pay Act. The 1972 amendments changed this, making sure that people in these white-collar jobs were also protected by the equal pay rule.

Money and Jobs

When Congress created the Equal Pay Act, they also thought about how it might affect the economy. Since the law is part of the Fair Labor Standards Act, which also includes rules about minimum wage, the Equal Pay Act acts a bit like a minimum price for certain jobs, ensuring that women aren't paid less than men for the same work.

Some people wondered if setting this "price floor" on wages might make it harder for women to find jobs, as employers might be less likely to hire if they had to pay more. However, Congress decided that the importance of fair pay was worth these potential concerns, and the law was passed with strong support.

Impact

Since the Equal Pay Act was passed, the average earnings of women in the United States have increased compared to men's earnings. For example, in 1979, women earned about 62.3% of what men earned. By 2018, that number had risen to 81.1%. While there is still a gap, the law has helped to move things in a more equal direction.

Over the years, there have been efforts to make the law even more effective. For instance, in 2005, some members of Congress, like Senator Hillary Clinton and Representative Rosa DeLauro, proposed a bill called the "Paycheck Fairness Act." This bill suggested making the "factor other than sex" exception more specific, requiring that the reason for a pay difference must be related to the job or a real business need.

Equal Pay Around the World

The idea of equal pay for equal work isn't just a concept in the United States. Other countries have similar laws. For example, the United Kingdom passed its own Equal Pay Act in 1970, which was influenced by the U.S. law. This UK law also aimed to stop unfair pay differences between men and women. Today, the rules about equal pay in the UK are part of a larger law called the Equality Act 2010.

See also

In Spanish: Ley de Igualdad de Salario de 1963 para niños