An Act to prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce and to provide for the restitution of wages lost by employees by reason of any such discrimination.
PL 88-38 (S.1409), enacted 06/10/1963

56 
PUBLIC LAW 88-38-JUNE 10,1963 
[77 STAT. 
Jurisdiction. 
Appropriation. 
to transfer to the city or county jurisdiction and maintenance of 
service roads which the Secretary constructs on park lands to 
properties that otherwise would be denied access because of the 
installation of the park tour road. 
The Secretary of the Interior shall not, without first obtaining the 
consent of the city and county officials referred to in subsection (c), 
convert the portion of the existing road known as Confederate Avenue 
lying between Graveyard Road and Fort Garrott into a one-way park 
tour road with controlled access, or otherwise limit the use of such 
portion by local traffic, until the United States has provided for such 
alterations, relocations, and construction of local roads (including 
procurement of rights-of-way) as the Secretary and said officials agree 
are directly attributable to the installation of such park tour road. 
SEC. 2. Upon the delivery and acceptance of the conveyances herein 
authorized, any jurisdiction heretofore ceded to the United States 
by the State of Mississippi over the lands and roads transferred shall 
thereby cease and thereafter rest in the State of Mississippi. 
SEC. 8. There are hereby authorized to be appropriated such sums, 
but not more than $2,050,000, as are required for acquisition of lands 
and interests in lands and for construction and relocation of roads 
pursuant to this Act. 
Approved June 4, 1963. 
June 10, 1963 
[S. 1409] 
Public Law 88-38 
AN ACT 
To prohibit discrimination on account of sex in the paynit^nt of wages hy 
employers engaged in commerce or in the production of goods for commerce. 
Be it enacted by the Seruite and Hou.se of Repre-sentatives of the 
Equal Pay Act 
United States of America, in Congres.s as.semhled, That tliis Act mav 
be cited as the "P^qual Pay Act of 1963;'. 
of 1963. 
Discrimination 
prohibited. 
5 2 Stat. 1062; 
63 Stat. 912. 
29 u s e 206. 
DECLARATION OF PXTKPOSE 
SEC. 2. (a) The Congress hereby finds that the existence in industries 
engaged in commerce or in the production of goods for commerce of 
wage differentials based on sex— 
(1) depresses wages and living standards for employees neces-
sary for their health and efficiency; 
(2) prevents the maximum utilization of the available labor 
I'esources; 
(3) tends to cause labor disputes, thereby burdening, affecting, 
and obstructing commerce; 
(4) burdens commerce and the free flow of goods in commerce: 
and 
(5) constitutes an unfair method of competition. 
(b) It is hereby declared to be the policy of this Act, through 
exercise by Congress of its power to regulate commerce among the 
several States and with foreign nations, to correct the conditions above 
referred to in such industries. 
SEC. 3. Section 6 of the Fair Labor Standards Act of 1938, as 
amended (29 U.S.C. et seq.), is amended by adding thereto a new 
subsection (d) as follows: 
"(d) (1) No employer having employees subject to any provisions 
of this section shall discriminate, within any establishment in which 
such employees are employed, between employees on the basis of sex 
by paying wages to employees in such establishment at a rate less 
77 STAT. ] 
PUBLIC LAW 88-38-JUNE 10, 1963 
57 
than the rate at which he pays wages to employees of the opposite 
sex in such establishment for equal work on jobs the performance of 
which requires equal skill, effort, and responsibility, and which are 
performed under similar working conditions, except where such pay-
ment is made pursuant to (i) a seniority system; (ii) a merit system; 
(iii) a system which measures earnings by quantity or quality of 
production; or (iv) a differential based on any other factor other than 
sex: Provided^ That an employer who is paying a wage rate differential 
in violation of this subsection shall not, in order to comply with the 
{>rovisions of this subsection, reduce the wage rate of any employee. 
"(2) No labor organization, or its agents, representing employees 
of an employer having employees subject to any provisions of this 
section shall cause or attempt to cause such an employer to discrimi-
nate against an employee in violation of paragraph (1) of this 
subsection. 
"(3) For purposes of administration and enforcement, any amounts 
owing to any employee which have been withheld in violation of this 
subsection shall be deemed to be unpaid minimum wages or unpaid 
overtime compensation under this Act. 
"(4) As used in this subsection, the term iabor organization' means 
"Labor organi-
any organization of any kind, or any agency or employee representa-
tion committee or plan, in which employees participate and which 
exists for the purpose, in whole or in part, of dealing with employers 
concerning grievances, labor disputes, wages, rates of pay, hours of 
employmejit, or conditions of work.'' 
SEC. 4. The amendments made by this Act shall take effect upon the 
Effective date, 
expiration of one year from the date of its enactment: Provided^ That 
in the case of employees covered by a bona fide collective bargaining 
agreement in effect at least thirty days prior to the date of enactment 
of this Act, entered into by a labor organization (as defined in section 
6(d) (4) of the Fair Labor Standards Act of 1938, as amended), the 
amendments made by this Act shall take effect upon the termination 
of such collective bargaining agreement or upon the expiration of two 
years from the date of enactment of this Act, whichever shall first 
occur. 
Approved June 10, 1963, 12:00 m.