Abraham Freedman, Schultz v. Wheaton Glass Co. — Opinion of the Court
“ For even if the Civil Rights Act is put aside, the Equal Pay Act alone does not permit artificial classification to prevent inquiry whether there exists a difference in pay for substantially equal work. ”
Abraham Freedman, Schultz v. Wheaton Glass Co. — Opinion of the Court
“ A 10% wage differential is not automatically justified by showing that some advantage exists to the employer because of a flexibility whose extent and economic value is neither measured nor determined and which is attained by the performance of work carrying a much lower rate of pay. In short, there is no finding of the economic value of the element of flexibility on which the district court justified the 10% discrimination in pay rate between male and female selector-packers. ”
Abraham Freedman, Schultz v. Wheaton Glass Co. — Opinion of the Court
“ Just as it has not been made clear by any finding that all male selector-packers perform or are available for the work of snap-up boys, so there is an abscence of any finding on the ability of any female selector-packers to perform the work of snap-up boys. The fact that some female selector-packers, unlike some male selector-packers, may have been unwilling or unable to do the work of snap-up boys might justify a wage differential between them. ”
