Background
While Title VII forbids employers to discriminate against employees on the basis of sex, the Bennett Amendment (proposed as Public Law 88-38 on June 10, 1963) provides exception, specifically noting that:
It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of title 29 .
ยง206(d) of the Equal Pay Act allows differentiation of payment on (1) seniority, (2) merit, (3) productivity, or (4) any other factor than sex.
According to 2004's Employee Benefits Law, the Amendment was proposed by Wallace F. Bennett, a Republican Senator from Utah as a "'technical' amendment" to bring the Civil Rights Act and the Equal Pay Act into accord.
Read more about this topic: Bennett Amendment
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