The FLSA (as amended by the Equal Pay Act), Section 6(d)(1), prohibits pay discrimination on the basis of sex. Employees, regardless of their sex, must receive equal wages for equal work on jobs which require equal skill, effort, and responsibility and are performed under similar working conditions.
Wage differentials do not violate the FLSA if they are based on: (a) a seniority system; (b) a merit system; (c) a system that measures earnings by quantity of production; or (d) any factor other than sex.
It is illegal for a labor organization to cause or attempt to cause an employer to discriminate against an employee in violation of the Equal Pay Act.
