Equal pay for work of comparable value: A new concept

Spelfogel, E.J.

EJ Spelfogel - Labor Law Journal, 1981 - search.proquest.com

17 citations1981

Summary

The research paper "Equal pay for work of comparable value: A new concept" by Spelfogel, E.J. (2026) critically examines the existing legal framework surrounding pay equity in the United States. While the paper's specific methodology is not detailed in the provided abstract, its core premise involves analyzing the current judicial interpretation of the Equal Pay Act of 1963. The central finding highlighted in the abstract is that "Every court to have considered the matter has agreed that the Equal Pay Act of 1963 requires equal pay for equal work and not comparable work." This underscores a fundamental limitation in the current legal approach to addressing wage disparities, where only direct comparisons of "equal work" are legally mandated, leaving out situations where different jobs may hold comparable value but are not identical. The implication of this research paper is to introduce and advocate for "equal pay for work of comparable value" as a "new concept." This concept aims to transcend the narrow "equal work" standard by proposing that compensation should be based on a job's comparable skills, responsibilities, and effort, even when the jobs themselves are dissimilar. This approach is particularly relevant in addressing the persistent gender wage gap, which is often perpetuated by occupational segregation where jobs predominantly held by women are historically undervalued compared to different roles predominantly held by men, despite requiring similar levels of qualification and effort. By advancing the concept of comparable value, the paper suggests a pathway for more comprehensive pay equity reforms beyond the scope of the Equal Pay Act of 1963, potentially influencing future legislative efforts and legal arguments for fair compensation.

Key Findings

  • - Courts consistently interpret the Equal Pay Act of 1963 as mandating equal pay for "equal work," not "comparable work."
  • The research paper introduces or advocates for "equal pay for work of comparable value" as a novel concept to address limitations in current pay equity legislation.
  • This new concept aims to expand the criteria for achieving pay equity beyond direct job-to-job comparisons.
  • It suggests a pathway to rectify wage disparities in jobs that, while distinct, demand comparable skills, responsibilities, and effort.
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