Based on the Equal Pay Act of 1963, Men and women may be paid different wages under the Equal Pay Act when payment is made under a "seniority system, a merit system, or a system that measures earnings by quantity or quality of production."
This is to make men and women have equal pay except for seniority or merit to those who deserve higher pay.
The United States Congress signed the Equal Pay Act of 1963 under President John F. Kennedy in his New Frontier Program.
The Equal Pay Act of 1963 was made to amend the Fair Labor Standards Act.
Hence, in this case, it is concluded that the Equal Pay Act of 1963 only makes men earn higher than women when it is based on seniority or merit.
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