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? WA Washington Gender Employees who are similarly employed. The performance of the job requires similar skill, effort and responsibility, and the jobs are performed under similar working conditions; job titles alone are not determinative of whether employees are similarly employed. Discrimination within the meaning of this section does not include a differential in compensation based in good faith on a bona fide job-related factor or factors that: Are consistent with business necessity; Are not based on or derived from a gender-based differential; and Account for the entire differential. More than one factor may account for the differential. Such bona fide factors include, but are not limited to: education, training, or experience; a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or a bona fide regional difference in compensation levels. No. Under the salary history ban, the law forbids employers from seeking the wage or salary history of an applicant for employment from the applicant or from the applicant’s current or former employer, and requiring that an applicant’s prior wage or salary history meet certain criteria. Employers, however, can confirm an applicant’s wage or salary history if the applicant has voluntarily disclosed his or her wage or salary history; and may also confirm it after an offer (including compensation) has been negotiated with the applicant. WV West Virginia Sex Work of comparable character, the performance of which requires comparable skills. If payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex, or if a differential in wages between employees is based in good faith on factors other than sex. No state law WI Wisconsin No state Equal Pay law; pay discrimination prohibited under nondiscrimination statute N/A N/A Yes. State law prohibits local jurisdictions from enacting salary history ban laws. WY Wyoming Sex Work that requires equal skill, effort, and responsibility, and which is performed under similar working conditions in the same establishment. If pursuant to: a seniority system; a merit system; a system which measures earning by quantity or quality of production; or a differential based on any other factor other than sex. No state law 35 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023