The Virginia Equal Pay Act prohibits employers from discriminating against employees on the basis of sex, within any establishment where the employees work, by paying employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility and that is performed under similar working conditions (VA Stat. Sec. 40.1-28.6 et seq.). Differentiations in wages are permissible only if they are based on:
• A seniority or merit system;
• A system that measures earnings by quantity or quality of production; or
• A differential based on any factor other than sex.