Unequal wage payments are lawful if paid pursuant to a seniority system.

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Unequal wage payments are lawful if paid pursuant to (1) a seniority system,(2) a merit system,(3) a system that measures earnings by quantity or quality of production,or (4) a differential based on "any ...factor other than sex." The employer seeking to avoid a violation of the Equal Pay Act can adjust its wage structure by raising the pay of the disfavored sex performing equal work.Lowering the pay of the favored sex violates the act.

Unequal Wage Payments Are Lawful If Paid Pursuant to a Seniority