Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? MS Mississippi Sex Equal work on a job, the performance of which requires equal skill, education, effort and responsibility, and which is performed under similar working conditions in the same establishment. If payment is made pursuant to differential 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, including, but not limited to, the salary history or continuity of employment history demonstrated by the employee as compared to employees of the opposite sex in the same establishment, the extent to which there was competition with other employers for the employee’s services as compared to employees of the opposite sex in the same establishment, and the extent to which the employee attempted to negotiate for higher wages as compared to employees of the opposite sex in the same establishment. No state law MO Missouri Women Same quantity and quality of the same classification of work in the same establishment. Based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, or factors other than sex, when exercised in good faith. No state law MT Montana Women Equivalent service or form the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. Not addressed No state law NE Nebraska Sex Equal work on jobs which require equal skill, effort and responsibility, and which are performed under similar working conditions in the same establishment. If pursuant to: an established seniority system; a merit increase system; or a system which measures earning by quantity or quality of production; or any factor other than sex. No state law 17 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF JULY 2023
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