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? OR Oregon Race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age Work of comparable character, which means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title. Employer decisions must be based on an enumerated set of bona fide factors other than protected class; namely, a seniority system, a merit system, a system that measures earnings by quantity or quality of production, workplace location, travel, education, training, or past experience or any combination of the factors listed, if the combination of factors accounts for the entire compensation differential. Exceptions exist for collective bargaining agreements and “system” is defined as a “consistent and verifiable method in use at the time” of the alleged violation. Also, it will not be a violation of the law for an employer to pay a different level of compensation to an employee who receives wages for modified work as a result of a medical condition, provided such was requested by the employee, authorized by the employer in a nondiscriminatory manner, and authorized by a medical professional. No. An employer cannot seek salary history from an applicant or prior employer before an offer. An employer can confirm prior compensation after an offer that includes compensation, and with the written authorization of the prospective employee. An employer cannot screen job applicants based on current or past compensation or determine compensation based on current or past compensation. PA Pennsylvania Sex Equal work on jobs, the performance of which require equal skill, effort, and responsibility, under similar working conditions in 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 PR Puerto Rico Sex Comparable job functions or duties that require equal skill, effort, and responsibility, and are performed under similar working conditions. If the result of: (1) a bona fide merit or seniority system, (2) a system which measures profits in terms of quantity or quality of the production, sales, or profits, (3) education, training, or experience if these factors are reasonably related to the specific job, or (4) any reasonable factor other than sex. No. Employer cannot seek salary history from a prospective employee before an offer. If a prospective employee has voluntarily disclosed salary history information, the employer can confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary. 29 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023