Under the current law, an employer may defeat an Equal Pay Act claim by proving that the wage differential is due to a bona fide factor other than sex, race, or ethnicity, but to succeed on this defense, the employer must also prove that the factor is
- not based on or derived from a sex-, race-, or ethnicity- based factor;
- job related; and
- consistent with a business necessity.
Examples of a “bona fide factor other than sex, race, or ethnicity” include education, training or experience.
October 2018
Tags: California, Equal Pay Act