Under the current law, an employer can defeat an Equal Pay Act claim by proving that the difference in pay for substantially similar work is due to:
- seniority;
- merit;
- a system that measures production; and/or
- a “bona fide factor other than sex, race, or ethnicity.”
In addition, an employer must show that it applies the above factor(s) reasonably and that the factor(s) accounts for the entire difference in wages.
An employer may not justify a pay difference solely on an employee’s prior salary.
October 2018
Tags: California, Equal Pay Act