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The equal pay act, as codified in the civil rights act of 1991 permits an employer to pay females less than males for the performance of jobs that require equal skill, effort and responsibility, provided that

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The answer is the difference is based on a seniority, merit, or a piecework system.
All the factors above will differentiate the amount of effort that workers need to make in order to accomplish a certain standard. 
If the the difference pay happen without any of those factors, depending on the circumtances, the employer could subjected to 10 million dollars fine.

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