Employers who pay similarly qualified male and female workers
different wages for the same job face stiff legal sanctions. The
law does not set wages, however. Employers may pay different
wages to workers with different qualifications or who work
different jobs. The government has a legitimate role in
protecting women from discrimination but should allow employers
to decide how they value the work performed for them. S. 3220,
the Paycheck Fairness Act (PFA), undermines this policy. In the
name of protecting women from discrimination, the PFA allows
employees to sue businesses that pay different workers different
wages—even if those differences have nothing to do with the
employees’ sex. These lawsuits can be brought for unlimited
damages, giving a windfall to trial lawyers. Any financial
benefits they reap, however, would come at the expense of
workers. The PFA would hurt the very workers it is meant to
help. Different Pay for Different Work Permissible In the United
States, men earn more, on average, than wo