This law expanded protections under the existing Pay Equity Law to require equal pay among all protected classes—not just between members of the opposite sex. Protected status includes age, race, creed, color, gender identity or expression, military status, disability, genetic characteristics, familial status, marital status, domestic violence victim status, or other status protected by law. It also requires equal pay among employees who perform “substantially similar” work, when considering skill, effort, responsibility, and working conditions. If an employer relies on the “bona fide factor” defense, the law requires that the employer show that the “bona fide factor” is job-related, satisfies a specific business purpose, and is consistent with business necessity. Finally, the law provides that an employer may not rely on such a factor if a pay practice disparately impacts any of the protected classes and the employer has refused to adopt an alternative that would not produce a differential.
STATUS: Enacted
Expanded existing pay equity law to require equal pay for substantially similar work among all protected classes and narrowed available employer defenses.