The amount of skill the job requires is determined by the training, ability, experience, and education the job requires. The effort the job requires is measured by the amount of physical or mental exertion required. If one job requires more effort, then the worker performing the job can be paid more. The amount of responsibility means the amount of accountability the job requires, so long as the amount is more than a minor amount of difference. Determining whether the working conditions are the same requires evaluating the physical surroundings and associated hazards. Determining whether the jobs are in the same establishment revolves around the physical place of the business. In certain circumstances, separate job locations can constitute one establishment.

Employers can have differing pay scales that take into account factors other than sex, such as production quality, production quantity, seniority, or merit, for example.

In addition, employers may not pay an employee a lesser amount based on an employee’s disability, national origin, race, color, sex, age, or religion. An employer may not retaliate against someone for opposing discriminatory employment actions, filing a charge of discrimination, or otherwise participating or testifying in a proceeding or investigation based on discriminatory pay practices.