(d) Prohibition of sex discrimination
(1) No employer having employees subject to any provisions
of this section shall discriminate, within any establishment
in which such employees are employed, between employees
on the basis of sex by paying wages to employees in such
establishment at a rate less than the rate at which he pays
wages to employees of the opposite sex in such establishment
for equal work on jobs the performance of which requires
equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where
such payment is made pursuant to
(i) a seniority system;
(ii) a merit system;
(iii) a system which measures earnings by quantity or quality
of production; or
(iv) a differential based on any other factor other than sex:
Provided, That an employer who is paying a wage rate
differential in violation of this subsection shall not,
in order to comply with the provisions of this subsection,
reduce the wage rate of any employee.
(2) No labor organization, or its agents, representing
employees of an employer having employees subject to
any provisions of this section shall cause or attempt
to cause such an employer to discriminate against an
employee in violation of paragraph (1) of this subsection.
(3) For purposes of administration and enforcement, any amounts
owing to any employee which have been withheld in violation
of this subsection shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this chapter.
(4) As used in this subsection, the term “labor organization�
means any organization of any kind, or any agency or
employee representation committee or plan, in which employees
participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or
conditions of work.
To figure out if your discrimination situation is illegal you must determine:
1. If you are an employee protected from discrimination under the law.
2. If your employer is subject to anti-discrimination laws.
3. If your employer's conduct is considered discriminatory under the law.
4. If the reason your employer discriminate against you violates the law.
