When applying the equal work definition, the comparison is between the skills required by the two jobs, not by the talents of the two employees. A job s skill level includes the experience, training, education, and ability necessary to accomplish that task. Effort is measured by the physical or mental exertion needed to perform the job, and responsibility refers to the level of accountability required. Similar working conditions include both an analysis of the job s surroundings and hazards. Surroundings address the frequency or intensity of certain elements, like toxic chemicals.
Hazards relate to the physical dangers regularly faced on the job.
Exceptions to the act do exist. An established seniority or merit pay system, pay based on quantity or quality of production, or pay based on any other factor than sex exempt the business from the law. However, the employer must be able to present an acceptable business reason for the other factor exception to apply. Federal, state, and local governments, medical and mental hospitals, schools, and public agencies also fall under the act. Labor unions cannot cause or attempt to cause a business to violate the act.