Equal Pay Act

The Equal Pay Act of 1963 amended the Fair Labor Standards Act, making it illegal to pay different wages to employees of different genders for equal work or jobs requiring equal skill, effort, or responsibility and performed under similar working conditions. The act is essentially a prohibition of discrimination by employers on the basis of sex. Moreover, the act forbids employers from paying workers of one sex at a rate less than that paid to workers of the opposite sex for substantially equal work. This entry describes the law, what it requires, and what exceptions may be acceptable.

The Equal Pay Act applies to employers in industries engaged in commerce or in the production of goods for commerce. The act specifically includes [Page 306]elementary or secondary schools and institutions of higher education, regardless of whether they are public or private or are operated for profit or not for profit. Essentially, the act covers the same employees as the rest of the Fair Labor Standards Act but also covers executives, administrators, and other professional employees who are ordinarily exempted from the Fair Labor Standards Act. At the same time, the act covers most state and local government employees unless they are specifically exempted. Although most cases involve claims by females, the act protects men as well. When different pay is provided for the same work, violations occur each time an employer pays its employees.