The Bennett Amendment is a United States labor law provision in the Title VII of the Civil Rights Act of 1964, §703(h) passed to limit sex discrimination claims regarding pay to the rules in the Equal Pay Act of 1963. It says an employer can "differentiate upon the basis of sex" when it compensates employees "if such differentiation is authorized by" the Equal Pay Act.
The Bennett Amendment has been criticized for its poor drafting, and lack of discussion in Congress.[1] It has also invited debate on the extent to which it impacts the question of "comparable worth" such as whether or not lawsuits may be brought when jobs are different but are judged by contrast on an importance continuum to jobs of higher pay. In 1981, the Supreme Court of the United States determined with respect to County of Washington v. Gunther that the Bennett Amendment explicitly incorporated only limited defenses to unequal pay and did not otherwise bar suits based on a comparison of payment for different jobs. Nevertheless, the amendment has continued to be used to bar comparable worth suits in lower courts.