Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? DE Delaware Sex Equal work that requires equal skill, effort, and responsibility under similar working conditions in the same workplace. If based on a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or any other factor other than sex; provided, that an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee. No, employers cannot seek the compensation history of an applicant or seek the same from the applicant’s current or prior employer prior to offer acceptance (after offer acceptance an employer may request only for purposes of confirming compensation history). Employers cannot screen applicants based on their compensation history, including that compensation history meets minimum or maximum criteria. DC District of Columbia No state Equal Pay law; pay discrimination prohibited under nondiscrimination statute N/A N/A No state law FL Florida Sex Equal work on jobs the performance of which require equal skill, effort and responsibility, performed under similar working conditions. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any reasonable factor other than sex when exercised in good faith. No state law GA Georgia Sex Equal work requiring equal skill, effort and responsibility, performed under similar working conditions within the same establishment. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. No state law HI Hawaii Sex (Fair Employment Practices Law) Equal work on jobs the performance of which require equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. (Fair Employment Practices Law). If resulting from a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide occupational qualification; or any permissible factor other than sex (Fair Employment Practices Law). No, unless offered voluntarily and without prompting, employers may not inquire about, search public records for, or rely on salary history of applicants in the hiring process. Employer may engage in discussions (without inquiry about salary history) about salary or benefit expectations. If applicant voluntarily and without prompting discloses salary history, employer may consider the salary history and may verify such history. ID Idaho Sex Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility at the same establishment. If differential based on established seniority systems or merit increase systems that do not discriminate based on sex. No state law 11 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023
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