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? Federal Rule Sex For employees in the same establishment, equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are 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 other factor other than sex. No federal law. The Ninth Circuit has held that prior salary, alone or in combination with other factors, cannot justify a wage differential under the Equal Pay Act because prior salary is not job-related. The court stated that an employer may not rely on prior salary to set initial wages. Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018). This decision is a departure from those of other federal circuits, which have held that, while employers may not rely on salary history alone to support a wage differential, they may do so if prior salary is considered among other factors. On 7/2/20, the Supreme Court declined to review this Ninth Circuit decision. 37 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023

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