ABSTRACT
The Equal Pay Act of 1963 deals exclusively with the requirement that employers not discriminate on the basis of sex in assigning pay to men and women who are doing equal work. The Civil Rights Act of 1964 includes sections that deal with discrimination in public accommodations, education, and employment. The chapter discusses the features of the social and political climate that have most importantly affected the conservative treatment of comparable worth in the federal courts. What is clear from Gunther is that plaintiffs can bring a claim of sex discrimination in pay between different jobs if they are going to provide evidence of intentional discrimination against women, that is, if they are going to use the disparate treatment model. The burden of proof in Equal Pay Act cases is more like the burden of proof given defendants in disparate impact cases by the 1971 Gunther decision.
