Yes, historically Congress passed an unfunded mandate which effectively made women into a class of people who it costs more to employ, with no benefit to the employer.
Um... no. Women are a class of people who it costs more to employ in many jobs, because they take more leave. Congress didn't make that happen. Biology and social pressures did.
Now presumably there is some benefit to employing women which makes the extra cost necessary. And if someone could actually identify and quantify that particular set of benefits, then calculations on the hiring of women can be added to the calculations and appropriate measures can be taken to show that it is a benefit to the bottom line.
Yes, the theory is that it is a moral good to pay women equally for the same job, even though they take more leave on average. There may be some substantial second-order economic benefits, but the primary imperative was a normative decision.
And let's be honest, just saying "it's fair" is completely bogus. You could say that, *based on one set of priorities*. However, it is distinctly *unfair* if you evaluate another set of priorities. And then you ask yourself, whose priorities are they? Are they an employer's priorities or the government's priorities.
Yes, fairness and equality are inherently words subject to nearly infinite malleability. But your sources of priorities are limited in your example--the priorities may actually be the priorities of the people who elect legislators. "Government" is not some disembodied evil.
If it is the government's priorities, then the government should pay for it. Of course, the government loves getting votes by listening to the "there oughta be a law" people, but the whole "paying for it" thing would make them unpopular, so they just dump the responsibility on someone else.
So you would prefer your taxes go up and your female employees get a subsidy from government?
Or we could just have a vote to entirely remove the onus on employers for the responsibility for undertaking "enhanced equality methods" and move it to the government and tax people for it appropriately instead of hiding in their usual weaselly way and making the employers the bad guys for simply trying to not get shafted by what even you admit was unfair.
I didn't admit it was "unfair" to employers, I admitted it was unfair to men. It's a choice we've made as a society that you don't agree with and that taxes men by forcing wage parity (which increases women's salaries and decreases men's salaries, assuming a competitive market). If you don't like it, you are free to try to change the law.