opponents surrendered when they became convinced that the bill would be more
symbolic than effective because of widespread job segregation by sex. The Equal
Pay Act provides that employers may not pay workers of one sex at rates lower
than they pay employees of the opposite sex employed in the same establishment
for equal work. It applies to jobs that require sub stantially equal skill, effort, and
responsibility and that are performed under similar working conditions. Excep-
tions to the law are permitted when sex difference s in pay are due to s eniority,
merit, quantity or quality of production, or any factor other than sex. In 1972,
the provisions of the law were extended to management and professional employ-
ees as well as to state and local government workers. Employers with fewer than
25 employees remain exempt.
The NWP stru ggled to get other women’s organizat ion to promote the ERA in
the years since its 1923 creation. They refused to do so for fear that the legislation
would wipe out protective labor laws that helped women. When Congress debated
the Civil Rights Act of 1964, the NWP persuaded Democratic representative
Howard Smith of Virginia to sponsor an amendment adding “sex” to Title VII,
the section prohibiting discrimination in employment. Smith, a conservative and
no friend o f progressive legislation, may have inte nded the amendment as a joke
that would emphasize the silliness of civil rights a nd kill the bi ll. However, the
act passed into law along with Title VII. Protective labor laws, which typically
prohibited women from holding certain jobs and working nights, were abolished
by the legislation.
With the issue of protective legislation now moot, many women’s organizations
came to support the ERA. NOW endorsed the amendment in 1967 and took the
leadership of the ERA fight from the nearly extinct NWP. On March 22, 1972,
the Senate approved the ERA by a vote of 84 to 8, and it was sent to the states.
Six states ratified the amendment within two days, and by the middle of 1973,
the amendment seemed well on its way to adoption with 30 of the needed 38 states
having ratified. The debate over the ERA cha nged when passage appeared immi-
nent as conservatives and religious fundamentalists launched a grassroots cam-
paign aimed at all things deemed to be unnatural and immoral. Phyllis Schafly,
founder of Stop ERA, portrayed the amendment as a threat to family values and
traditional relationships between men and women. She saw women not as equals
to men, but as a gendered class that enjoyed certain protections and differential
treatment. When it seemed apparent that the ERA would not meet the 1979 dead-
line for ratification, supporters gained an extension from Congress until June 30,
1982. No other propo sed amendment has ever received an extensi on. The excep-
tion did not help the ERA, and it died. The loss reflected the new cha llenges that
faced feminism, specifically the rise of the New Right. Feminists moved on to
other issues, such as reproductive rights.
Feminist Movement (1970s–1980s) 1049