Section 6(d) of the Act provides:
(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 Act.
(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.
Official interpretations of the Department of Labor with respect to
the provisions of section 6(d) are found in part 800 of this chapter.
