Discrimination on basis of sex prohibited; exceptions

1. It is unlawful for any employer to discriminate between employees, employed within the same establishment, on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.

2. The provisions of subsection 1 do not apply where wages are paid pursuant to: (a) A seniority system; (b) A merit system; (c) A compensation system under which wages are determined by the quality or quantity of production; or (d) A wage differential based on factors other than sex.

3. An employer who violates the provisions of this section shall not reduce the wages of any employees in order to comply with such provisions.