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? AR Arkansas Sex Comparable work If pursuant to seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of the day worked, or any other reasonable differentiation except difference in sex. No state law CA California Gender, race, ethnicity Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. If based on seniority system, merit system, system that measures earnings by quantity or quality of production, or bona fide factor other than protected category, such as education, training, or experience. Must be applied reasonably and other factors must account for the entire wage differential. Defense does not apply if alternative business practice exists that would serve the same business purpose without producing the wage differential. An applicant or employee’s prior salary will not justify disparities in compensation; however, this provision cannot be interpreted to mean that an employer may not make a compensation decision based on a current employee’s existing salary, so long as wage differential otherwise permissibly justifiable. No, unless offered voluntarily and without prompting, employers may not seek an applicant’s salary history or rely on it to determine whether to offer employment or what salary to offer. 7 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023