FEDERAL PAY EQUITY ACT OF 1985 - DISCRIMINATORY WAGE SETTING PRACTICES BETWEEN MALE DOMINATED JOBS AND FEMALE DOMINATED JOBS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R000901210049-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: November 12, 2010
• Sequence Number: 49
• Publication Date: March 8, 1985
• Content Type: MEMO

Sanitized Copy Approved for Release 2010/11/12 :CIA-RDP87M01152R000901210049-1 /~ ~`Z~
OLL 85-0803
8 March 1985
MEMORANDUM FOR: Director of Personnel
Comptroller
Chief, Administrative Law Division/OGC
lation Division, OLL
SUBJECT: Federal Pay Equity Act of 1985 -
Discriminatory wage setting practices between
male dominated jobs and female dominated jobs
1. Recently, Congresswoman Oakar, who chairs the
Compensation Subcommittee of the House Civil Service Committee,
introduced legislation nominally referred to as the Federal Pay
Equity Act. ( H.R. 27 ) It is designed to eliminate any
discriminatory wage setting practices between male dominated
jobs and female dominated jobs. Similar legislation was
introduced in the Senate with a firm commitment to hold
hearings. ( S. 5 )
2. In the last Congress the House of Representatives voted
in favor of identical legislation 413 to 6. However, the
Senate did not act on its version of the bill. Nevertheless,
the Senate Government Affairs Committee, having jurisdiction
over federal wage setting practices has given top priority to
this issue.
Background
3. Studies have found that certain female dominated
occupations generally receive lower pay compared to male
dominated occupations. Most notably the female dominated
categories are nurses, teachers and clericals. Because women
have been traditionally clustered in these fields there has
Sanitized Copy Approved for Release 2010/11/12 :CIA-RDP87M01152R000901210049-1
 Sanitized Copy Approved for Release 2010/11/12 :CIA-RDP87M01152R000901210049-1
SUBJECT: Federal Pay Equity Act of 1985 -
Discriminatory wage setting practices between
male dominated jobs and female dominated jobs
been a tendency to pay them less. Supporters of the
legislation maintain that the lesser wage is paid because these
occupations are female dominated and not because these jobs
have less intrinsic worth.
4. Experts in the field of occupational analysis have
established objective criteria so that comparisons can be made
between different occupations to determine pay field.
Differentials in pay are based on such standards as skill
levels, experience, education, responsibility, working
environment and stress. For example, such analysis has been
used to adjust unfair wage differentials between nurses, which
is female dominated, and landscapers, a male dominated
occupation. A federal court upheld the intrinsic worth
analysis and found an unfair wage differential discriminating
against nurses compared to landscapers. Accordingly, nurse's
wages were upgraded.
5. The present controversy should be distinguished from a
more blatant form of discrimination that existed in the past
where men and women were paid different wages for the same type
of work - female bus drivers and male bus drivers as a case in
point. Any wage differential favoring men is discriminatory
and illegal under the Equal Pay Act. The present bill attempts
to make a finer distinction in wage setting practices between
men and women in different occupations.
Legislative Analysis ( H.R. 27 )
6. The fundamental purpose of the "Federal Pay Equity Act"
is to identify in federal government any discriminatory wage
setting practices and discriminatory wage differentials ( Sec.
2 ). This objective will be accomplished by a comprehensive
study by an outside consultant, contracted for by the Office of
Personnel Management. The study and report shall include
appropriate remedial recommendations ( Sec. 3 ). Elaborate
procedures will be used to find and contract for such a
consultant ( Sec. 4 ). During the study federal agencies are
obliged to cooperate by supplying data, reports and other
information the consultant may need for the study ( Sec. 5 ).
Sanitized Copy Approved for Release 2010/11/12 :CIA-RDP87M01152R000901210049-1
 Sanitized Copy Approved for Release 2010/11/12 :CIA-RDP87M01152R000901210049-1
SUBJECT: Federal Pay Equity Act of 1985 -
Discriminatory wage setting practices between
male dominated jobs and female dominated jobs
7. While the Administration is doubtful about the
capability of making comparisons between different occupations,
the Agency should, nevertheless, be prepared to answer views
letters on the legislation. In this connection, it is
important to note that section 5(c) of H.R. 27 has a protective
provision which prohibits the disclosure of information which
is otherwise prohibited from disclosure by law. Senate bill S.
5 has no corresponding provision.
8. A copy of the two bills and a Congressional Record
statement is included herewith.
Attachments:
As stated
Distribution:
Orig - D/OP W/encl)
1 - Comptroller (w/encl)
1 - AC/ALD/OGC (w/encl)
1 - D/OLL w/o encl)
1 - DD/OLL (w/o encl)
1 - OLL Chron (w/o encl)
1 - LEG Subject (w/encl)
1 - JBM Signer (w/o encl)
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