The Equal Pay Act and Its Historical Context

Background and Early Attempts

• 1870: Congress passed a bill to prohibit pay discrimination based on gender for federal jobs.
  • The bill was weakened in the Senate and not enforced.
• Over the next 93 years, women's rights and labor groups advocated for equal pay, leading to minor advancements.

World War II and Increased Advocacy

• World War II led to a significant increase in female workforce participation (24% to 37%).
• Unions supported equal pay due to the surge in women workers.
• 1940s: Legislation for equal pay proposed twice:
  • 1944 by Congresswoman Winifred Stanley.
  • 1945 by the National Labor Board.
• Bills failed due to sexism, veteran employment priorities, and business opposition.

Progress Toward the Equal Pay Act

• By 1960, 25 million women were working, earning $0.59 for every dollar earned by men.
• 1961: Esther Petersen, head of the Women’s Bureau, urged President Kennedy to address pay inequality.
• Petersen helped draft the Equal Pay Act.

Passage and Impact of the Equal Pay Act

• 1963: Equal Pay Act passed, ensuring equal pay for men and women for equal work.
  • Applied to all forms of compensation: salary, bonuses, benefits, etc.
  • Allowed pay differences for seniority, merit, and production quality, open to interpretation.
  • Employers exploited vague definitions to maintain pay disparities.

Subsequent Legislation

• Educational Amendment of 1972 (Title IX): Prohibited sex discrimination in federally aided educational institutions.
• Pregnancy Discrimination Act of 1978: Protected pregnant women in the workplace.
• Family and Medical Leave Act of 1993: Provided added workforce protections.

Ongoing Challenges and Progress

• Despite loopholes, the Equal Pay Act reduced the pay gap and challenged stereotypes.
• Women's earnings increased from $0.59 to $0.77 per male dollar from 1960 to 2011.
• Activists continue to work towards a fair, safe, and equal workplace environment.