Equal Pay Act of 1963

📌 Link to the Text of the Act

Read the statute (29 U.S.C. § 206(d))

📌 Why It Was Done

The Act was passed to address wage disparities between men and women by making it illegal for employers to pay unequal wages for substantially equal work.

📌 Pre-existing Law or Constitutional Rights

The Fair Labor Standards Act of 1938 (FLSA) established minimum wage and overtime protections but did not address gender-based wage discrimination. This Act amended the FLSA.

📌 Overreach or Proper Role?

Supporters saw it as a critical step toward gender equality. Critics argue it has been limited in effect due to loopholes and reliance on employees bringing lawsuits.

📌 Who or What It Controls

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  Employers covered by the FLSA
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  Employees performing substantially equal jobs in the same workplace

📌 Key Sections / Citations

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  29 U.S.C. § 206(d)(1): Prohibits pay differentials based on sex
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  Permits differentials based only on seniority, merit, production, or other non-sex-based factors

📌 Recent Changes or Live Controversies

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  Enforcement handled by the Equal Employment Opportunity Commission (EEOC)
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  Wage gap persists, leading to calls for stronger laws such as the proposed Paycheck Fairness Act
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  Litigation continues over defining “substantially equal work”

📌 Official Sources

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  U.S. Code – 29 U.S.C. § 206(d)
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  EEOC – Equal Pay and Compensation Discrimination
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  U.S. Department of Labor – Equal Pay Act