米国における男女同一賃金訴訟について

抄録

Wage discrimination based on sex has been a traditional fact in Japanese society. Recently, the actions for equal pay for equal work between two sexes are increasing in number. But, the legal theory for this kind of cases under the wage system based on job evaluations are still not established in Japan. The study of these cases in the United States would give us many suggestions to find a solution for the same kind of problem in our society. Therefore, this article will explore the working of the Equal Pay Act of 1963 in the United States, its interpretations and its mechanics, and will be devoted to an analysis of the tendency of cases under this Act.
1. There are certain limitations in the Equal Pay Act (a short amendment to the Fair Labor Standards Act of 1938). The coverage restrictions and exemptions in this Act provide serious demerits. But, despite its limited coverage and exemptions, this Act inherited enforcement features that were to make its administration move effective than other anti-sex-discrimination legislation proved to be. Most of emoloyers correct violations disclosed by investigations conducted by Wage and Hour Compliance Officers without Court actions. This administractive effects are supported by a litigation system which the Secretary of Labor may bring an action to supervice the payment of the unpaid wages on behalf of employees.
2. The Equal Pay Act provides that an employer having employees subject to a mimimum wage under the Fair Labor Standards Act may not discriminate on the bases of sex within an establishment by paying an employee of one sex at a lower rate than he pays an employee on the opposite sex for doing equal work on jobs requiring equal skill, effort and responsibility which are performed under similar working conditions.
Most questions under the Equal Pay Act are concerned with the meaning of the term "equal work" and whether any of the specified exceptions may apply. In 1970, the decision in Shultz v. Wheaton Glass Co. held that "equal" means "substantially" and that the performance of certain physical duties by males does not render the jobs unequal. The principle established by Wheaton decision have a widespread application to a variety of industries.