275:37 Equal Pay. –
I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to:
(a) A seniority system;
(b) A merit or performance-based system;
(c) A system which measures earnings by quantity or quality of production;
(d) Expertise;
(e) Shift differentials;
(f) A demonstrable factor other than sex, such as education, training, or experience.
II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section.