6 The Equal Pay Act of 1963: Compromise and Victory
1. Valerie Kincade Oppenheimer, The Female Labor Force in the United States: Demographic and Economic Factors Governing Its Growth and Changing Composition (Westport, Conn.: Greenwood Press, 1976), 6, 11, 14, 21, 159-162, 167-168; Deborah S. Kligler, "The Effects of the Employment of Married Women on Husband and Wife Roles: A Study in Culture Change" (Ph.D. diss., Yale University, 1954), 2, 3; Karen Anderson, Wartime Women (Westport, Conn.: Greenwood Press, 1981), 175. [BACK]
2. Wall Street Journal, 30 October 1963, clipping, in folder "Women, General," box 105, DNC papers, LBJL. [BACK]
3. Kligler, "Effects of Employment"; Morris J. Levitt, "Political Attitudes of American Women: A Study of Work and Education on Their Political Role" (Ph.D. diss., University of Maryland, 1965); U.S. Department of Labor, Women's Bureau, "Background Facts on Women Workers in the United States," January 1962, Document VI-39, PCSW papers (Washington, D.C.). [BACK]
4. James P. Mitchell to Sam Rayburn, 13 January 1961, in folder "1960, National legislation, Department of Labor Draft Bills (1)," box 183, James P. Mitchell papers, DDEL; Frances A. Ambursen to Mrs. Morrison, 1 February 1961, Alice A. Morrison to Mrs. Peterson, 24 February 1961, Esther Peterson to Arthur Goldberg, 28 February 1961, and Alice A. Morrison to Esther Peterson, 28 February 1961, reel 59, DOL papers, JFKL. [BACK]
5. Arthur Goldberg to Mr. Donahue, 13 March 1961, folder WA-3, box 92, RG 174 (Goldberg), NA; Alice A. Morrison to General Files, 9 March 1961, in folder "Equal Pay," box 1196, RG 86, NA. [BACK]
6. "Meeting in Esther Peterson's office on equal pay bill Thursday, March 2, 1961, 2:00 P.M.," folder 92-11, Katherine P. Ellickson papers, ALUA; Esther Peterson to George P. Riley, 8 March 1961, in folder "Equal Pay," box 1196, RG 86, NA. [BACK]
7. J. A. Beirne to Arthur Goldberg, 15 February 1961, reel 59, DOL papers, JFKL. [BACK]
8. Arthur Goldberg to J. A. Beirne, 4 March 1961, folder WA-3, box 92, RG 174 (Goldberg), NA. See, for example, Esther Peterson to Margaret Mealey, 16 March 1961, in folder "Equal Pay," box 1196, RG 86, NA; Esther Peterson to Lois Frazier, 17 March 1961, Esther Peterson to Robert Simmons, 17 March 1961, draft letter to state labor departments, 16 March 1961, Esther Peterson to John Livingston, 21 March 1961, and Esther Peterson to Emily Chervenik, 4 April 1961, reel 59, DOL papers, JFKL. [BACK]
9. Telephone interview with Morag M. Simchak, 14 August 1974 (Washington, D.C.); Interviews with Pearl Spindler and Sandra Bollhoefer, 15, 16, 17 July 1974 (Washington, D.C.); Bernice Sandler to the Editor, Washington Post, 24 September 1978; Interview with Esther Peterson, 27 February 1978 (Washington, D.C.). [BACK]
10. John P. Earner, "Equal Pay for Equal Work: Federal Legislative Activity, 1945 to 1962," pp. 12-13, Legislative Reference Service, Library of Congress, in folder "Labor-Equal Pay for Equal Work," box 15, Maurine Neuberger papers, University of Oregon; Mary T. Norton to John F. Kennedy, 10 May 1951, and John F. Kennedy to Mary T. Norton, 6 June 1951, in folder "Equal Pay for Equal Work," box 3, Prepresidential papers, JFKL; "Deficiencies in Labor record of Senator Kennedy," 8 November 1960, in folder "1960 Political (November-December),'' box 193, James P. Mitchell papers, DDEL; "Legislative Items Recommended by the President,'' 22 January 1962, in folder "Papers of the Democratic National Committee, 1960-1962," box 20, Margaret Price papers, BHL.
Journalist Nancy Dickerson claimed that John Kennedy "thought it ridiculous" to pay women the same wages as men and refused to hire her on his staff for that reason (Dickerson, Among Those Present: A Reporter's View of Twenty-five Years in Washington [New York: Random House, 1976], 19, 63). [BACK]
11. George Riley to Esther Peterson, 22 March 1961, Esther Peterson to George Riley, 28 March 1961, and "Meeting of the National Committee on Equal Pay and the Women's Bureau," 6 April 1961, reel 59, DOL papers, JFKL. [BACK]
12. "Bill W." to "Arthur," 4 May 1961, attached to Secretary of Labor to David Bell, 14 July 1961, folder LL-2-1, box 75, RG 174 (Goldberg), NA. [BACK]
13. Esther Peterson to George Riley, 27 July 1961, folder 8, box 17, Legislative Reference Files, Meany Archives. [BACK]
14. Administration bills were H.R. 8898, introduced 24 August 1961, and S. 2494, 30 August 1961; Dorothy A. Carroll to Esther Peterson, 18 August 1961, in folder "Equal Pay," box 1196, RG 86, NA; U.S. Congress, Senate, 87th Cong., 1st sess., 30 August 1961, Congressional Record 107: 17574-17576. [BACK]
15. Washington Star, 13 February 1962, clipping, folder 91-5, Katherine P. Ellickson papers, ALUA; the President's Commission on the Status of Women, transcript of the meeting of 13 February 1962, Washington, D.C., p. 109, PCSW papers (Washington, D.C.). [BACK]
16. Washington Star, 13 February 1962, clipping, folder 91-5, Katherine P. Ellickson papers, ALUA. [BACK]
17. Laura H. Dale to Alice Morrison, 19 July 1961, in folder "Equal Pay," box 1196, RG 86, NA. [BACK]
18. Interview with Esther Peterson, 17 June 1980, (Washington, D.C.); Alice A. Morrison to Esther Peterson, 9 March 1962, reel 59, DOL papers, JFKL; Alice A. Morrison to Esther Peterson, 30 January 1962, in folder "Equal Pay," box 1220, RG 86, NA; "Equal Pay Clauses in Union Contracts, 1956" and addendum, uncatalogued papers of Esther Peterson, SL. [BACK]
19. Leila Rupp and Verta Taylor, Survival in the Doldrums: The American Women's Rights Movement, 1945 to the 1960s (New York: Oxford University Press, 1987), 175. [BACK]
20. U.S. Congress, House, Committee on Education and Labor, Equal Pay for Equal Work, Hearings Before the Selected Subcommittee on Labor of the Committee on Education and Labor H.R. 10266 . . . , Part 1: Hearings Held in Washington, D.C., Part 2: Hearings Held in N.Y., N.Y., 87th Cong., 2d sess., 1962; President's Commission on the Status of Women, Committee on Civil and Political Rights, transcript of the meeting of 28 May 1962, Washington, D.C., pp. 13-19, PCSW papers (Washington, D.C.); New York Times , 28 April 1962. [BACK]
21. U.S. Congress, House, 87th Cong., 2d sess., 14 June 1962, Congressional Record 108: 10501. [BACK]
22. U.S. Congress, House, 87th Cong., 2d sess., 25 July 1962, Congressional Record 108: 14767-14771; Alice K. Leopold to Irma Piepho, 30 April 1957, in folder "Equal Pay 4, National Equal Pay Committee," box 1096, RG 86, NA. [BACK]
23. New York Times, 26 July 1961; U.S. Congress, House, 87th Cong., 2d sess., 25 July 1962, Congressional Record 108: 14747-14782. Neither this vote nor any other on equal pay legislation was recorded. No one discussed the prospect of comparing jobs unlike in character for the purposes of determining wage rates. [BACK]
24. Wall Street Journal, 10 August 1962; U.S. Congress, Senate, 87th Cong., 2d sess., 11 August 1962, Congressional Record 108: 16245; Eleanor Roosevelt, column "By Eleanor Roosevelt," 27 July 1962, file 3163, Eleanor Roosevelt papers, FDRL. [BACK]
25. "Here's the Issue," 17 September 1962, Esther Peterson papers (in Peterson's possession). [BACK]
26. Theron J. Rice to Patrick McNamara, 24 August 1962, in folder "S. 2494," box H43, Wayne Morse papers, University of Oregon; President's Commission on the Status of Women, Committee on Civil and Political Rights, transcript of the meeting of 24 August 1962, Washington, D.C., pp. 25-27, and President's Commission on the Status of Women, transcript of the meeting of 2 October 1962, Washington, D.C., pp. 321-322, PCSW papers (Washington, D.C.); "Notes for Equal Pay Meeting," 18 September 1962, in folder ''Equal Pay Act, 1962" box ''Women," Esther Peterson papers, SL; U.S. Congress, Senate, 87th Cong., 2d sess., 3 October 1962, Congressional Record 108: 22081-22085; Earner, "Equal Pay for Equal Work," 26. [BACK]
27. Earner, "Equal Pay for Equal Work," 26; Beatrice McConnell to June Cedarleaf, 12 October 1962, and Patrick McNamara to Esther Peterson, 16 October 1962, reel 59, DOL papers, JFKL; Esther Peterson to Patrick McNamara, 5 November 1962, in folder "Congress, June-December 1962," box "Political (Dem. Campaigns)," Esther Peterson papers, SL; "Congress to Get Bills on Equal Treatment for Women,'' Congressional Quarterly, 28 December 1962, 2298-2299, clipping, Esther Peterson papers (in Peterson's possession); "Equal Pay Act of 1962,'' in folder "Papers of the Democratic National Committee, 1960-1962," box 20, Margaret Price papers, BHL. [BACK]
28. Esther Peterson to Charles Donahue et al., 13 November 1962, Memorandum, 15 November 1962, "Meeting in Mrs. Peterson's office, November 15, 1962 on Equal Pay Proposals for 1963," 15 November 1962, and "Major Differences Between Equal Pay Bill H.R. 11677 as it passed the House and the Department of Labor's 1963 Proposal," 13 December 1962, folder 1-30, Morag Simchak papers, ALUA. [BACK]
29. William B. Cannon to Legislative Liaison Officer, 3 January 1963, Norman J. Simler to the Council, 4 January 1963, and Walter Heller to William B. Cannon, 7 January 1963, reel 41, Walter Heller papers, JFKL. [BACK]
30. "Memorandum for the Files--Council of Economic Advisers position on Equal Pay Bill--Esther Peterson, 8 January 1963," in floder "Equal Pay 1963," Peterson papers (in Peterson's possession); Walter Heller to Esther Peterson, 10 January 1963, reel 59, DOL papers, JFKL. [BACK]
31. Norman J. Simler to the Council, 4 February 1963, reel 41, Walter Heller papers, JFKL. [BACK]
32. Walter Heller to Kermit Gordon, 7 February 1963, reel 41, Walter Heller papers, JFKL. [BACK]
33. Esther Peterson to W. Willard Wirtz, 13 February 1963, in folder "Equal Pay," Esther Peterson papers (in Peterson's possession). [BACK]
34. Sorensen said later that Heller headed the most influential Council of Economic Advisers in history (Theodore Sorensen, Kennedy, [New York: Harper & Row, 1965], 265, 395). Administration bills were H.R. 3861, introduced 18 February 1963, and S. 910, 25 February 1963; U.S. Department of Labor press release, 14 February 1963, in folder "Equal Pay Clippings and Reference," box 63-5, Edith Green papers, OHS; "Administration Equal Pay Bill Is Taken to Senate, House Leaders," typed from Daily Labor Report, 14 February 1963, in folder "Equal Pay Act, 1963, bills," box "Women," Esther Peterson papers, SL. [BACK]
35. U.S. Congress, House, 88th Cong., 1st sess., 21 February 1963, Congressional Record 109: 2714; "Equal pay bills in the 88th Congress," 26 February 1963, folder 1-32, Morag Simchak papers, ALUA; "Statement by the AFL-CIO Executive Council," 23 February 1963, in folder ''Equal Pay,'' box 1238, RG 86, NA; Morag Simchak to Esther Peterson, 26 February 1963, in brown envelope, Esther Peterson papers (in Peterson's possession); Edith Green to Katherine P. Ellickson, 2 August [1976], folder 90-31, Katherine P. Ellickson papers, ALUA. [BACK]
36. "Chamber Attacks Equal Pay Bill," typed from Daily Labor Report, 28 February 1963, in folder "Equal Pay," Esther Peterson papers (in Peterson's possession). [BACK]
37. "Questions raised at a meeting with the Committee on Labor Relations of the Glass Container Manufacturers Institute relative to the Equal Pay Bill," 27 February 1963, in folder "Equal Pay Bill," Esther Peterson papers (in Peterson's possession). [BACK]
38. Charles Goodell to author, 29 August 1974; "Thumb Nail--H.R. 5110," n.d., in folder "Equal Pay Act 1963 bills" box "Women," Esther Peterson papers, SL; Charles Goodell to William Belknap, n.d., in folder "Amend Fair Labor Standards Act . . . ," box 31, Charles Goodell papers, Rare Books and Manuscripts Division, NYPL, Astor, Lenox, and Tilden Foundations. [BACK]
39. "Outline of Mrs. Peterson's equal pay testimony," folder 1-32, Morag Simchak papers, ALUA; Esther Peterson, briefing book, Esther Peterson papers (in Peterson's possession); U.S. Congress, Senate, Committee on Labor and Public Welfare, Equal Pay Act of 1963, Hearings Before a Subcommittee of the Committee on Labor and Public Welfare, Senate, on S. 882 and S. 910, 88th Cong., 1st sess., 1963. [BACK]
40. U.S. Congress, Senate, Committee on Labor and Public Welfare, Equal Pay Act of 1963, Hearings Before a Subcommittee of the Committee on Labor and Public Welfare, Senate, on S. 882 and S. 910, 88th Cong., 1st sess., 1963; "Main objections to equal pay bill of 1963 made by witnesses at hearings--March 25 and 26," reel 43, DOL papers, JFKL. [BACK]
41. Morag Simchak to Esther Peterson, 2 April 1963, in folder "Equal Pay, 11 June 1964, plans for conference," Esther Peterson papers (in Peterson's possession); Memorandum for the record, 18 April 1963, uncatalogued papers of Esther Peterson, SL. [BACK]
42. Frank Thompson to Esther Peterson, 8 April 1963, and Morag Simchak to Esther Peterson, 18 April 1963, reel 59, DOL papers, JFKL; Thomas J. Rice to Wayne Morse, 1 May 1963, in folder "S. 1409," box H-49, Wayne Morse papers, University of Oregon; Untitled memorandum, 9 May 1963, folder 1-34, Morag Simchak papers, ALUA; U.S. Congress, Senate, 88th Cong., 1st sess., 17 May 1963, Congressional Record 109: 8916; U.S. Congress, House Committee on Education and Labor, Legislative History of the Equal Pay Act of 1963 , Pub. L. 88-38, 88th Congress, H.R. 6060 and S. 1409, Committee Print, 88th Cong., 1st sess., December 1963. [BACK]
43. Esther Peterson to Edna M. Johnson, 9 May 1963, in folder "Equal Pay," box 1238, RG 86, NA. [BACK]
44. Esther Peterson to David Lasser, 22 April 1963, reel 59, DOL papers, JFKL. [BACK]
45. Andrew J. Biemiller to Dear Congressman, 22 May 1963, in folder "88th Cong., Education and Labor--Labor," box 43, Martha Griffiths papers, BHL. [BACK]
46. U.S. Congress, Senate, 88th Cong., 1st sess., 28 May 1963, Congressional Record 109: 9192-9218. [BACK]
47. Ibid., 9761-9762. [BACK]
48. Washington Post , 11 June 1963, clipping, folder 1-26, Morag Simchak papers, ALUA; White House, press release, 10 June 1963, in folder "Press releases January 1961-November 1967," box 9, Margaret Price papers, BHL; List of invitees, in folder "Equal Pay White House," and Esther Peterson to Lawrence O'Brien, 31 May 1963, in folder "Equal Pay bill," Esther Peterson papers (in Peterson's possession). Text of Equal Pay Act can be found in Appendix 1. [BACK]
49. Fair Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 206, subsec. d (1964); Patrick Tanabe, "Views of Women's Work in Public Policy in the United States: Social Security and Equal Pay Legislation, 1935-1967" (Ph.D. diss., Bryn Mawr College, 1973), 68-69. [BACK]
50. Caroline Davis to Esther Peterson, n.d., reel 59, DOL papers, JFKL. See also remarks of Margaret Hickey, President's Commission on the Status of Women, transcript of the meeting of 27 May 1963, Washington, D.C., p. 16, PCSW papers (Washington, D.C.); Telephone interview with Alice A. Morrison, 11 March 1981 (Alexandria, Va). [BACK]
51. Jo Freeman, The Politics of Women's Liberation (New York: McKay, 1975), 177. Judith Hole and Ellen Levine assert that "some activists consider the Equal Pay Act the only law dealing with sex discrimination that is anywhere near properly enforced" (Hole and Levine, Rebirth of Feminism [New York: Quadrangle Books, 1971], 29). [BACK]