50 State Equal Pay Reference Guide - 2023 Q1 Edition

Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? NY New York Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, and domestic violence victim status (a) Equal work on a job, the performance of which requires equal skill, effort, and responsibility under similar working conditions in the same establishment, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, that is performed under similar working conditions in the same establishment. Employees are considered to work at the “same establishment” if they work for the same employer at workplaces located in the same geographical region, no larger than a county, taking into account population distribution, economic activity, and the presence of municipalities. If pursuant to a differential based on: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a bona fide factor other than status within one or more protected class or classes, such as education, training, or experience. Such factor: (i) shall not be based upon or derived from a differential in compensation based on status within one or more protected class or classes; and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception shall not apply when the employee demonstrates: (1) that an employer uses a particular employment practice that causes a disparate impact on the basis of status within one or more protected class or classes; (2) that an alternative employment practice exists that would serve the same business purpose and not produce such differential; and (3) that the employer has refused to adopt such alternative practice. The law prohibits employers from: (1) seeking, requesting, or requiring the wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion (also prohibits seeking an applicant or current employee’s wage or salary history from other sources); (2) relying on an applicant’s wage or salary history in determining whether to offer employment to, or in determining the wages or salary for, such individual; and (3) refusing to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history, the refusal to provide the same, or because the individual filed a complaint with the department alleging a violation of the law. The law does not prevent an applicant or current employee from voluntarily, and without prompting, disclosing or verifying wage or salary history, including but not limited to for the purposes of negotiating wages or salary. NC North Carolina No state Equal Pay law; there is a general nondiscrimination statute, but the statute does not specify prohibited practices. N/A N/A No state law 25 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023