40.1-28.6 - Equal pay irrespective of sex.
§ 40.1-28.6. Equal pay irrespective of sex.
No employer having employees shall discriminate, within any establishment inwhich such employees are employed, between employees on the basis of sex bypaying wages to employees in such establishment at a rate less than the rateat which he pays wages to employees of the opposite sex in such establishmentfor 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) amerit system; (iii) a system which measures earnings by quantity or qualityof production; or (iv) a differential based on any other factor other thansex.
For purposes of administration and enforcement, any amounts owing to anyemployee which have been withheld in violation of this section shall bedeemed to be unpaid wages or unpaid overtime compensation and the employeewhose wages have been wrongfully withheld in violation of this section shallhave a right of action therefor to recover damages to the extent of two timesthe amount of wages so withheld.
This section shall not apply to employers covered by the Fair Labor StandardsAct of 1938 as amended. Every action under this section shall be broughtwithin two years next after the right to bring the same shall have accrued;provided, however, that nothing herein shall be construed to give rise to acause of action for work performed prior to July 1, 1974.
(1974, c. 405.)