Likewise, Employers had previously been allowed to pay different wage rates based on seniority, merit or because of quantity or quality; as long as it was a “bona fide factor other than sex”. The new law retains the exceptions based on seniority, merit and quantity/quality, but significantly revises the “bona fide factors other than sex”. Employers will now have to prove that a wage differential is not based on or derived from a sex-based differential, and that it is consistent with “business necessity” (such as a difference in education, training or experience) that is job-related to the position in question.
2. That the factors relied upon account for the entire wage difference.
Employers should review wage/pay scales of their workers and be aware of any “wage gaps” that appear to be based on gender…or any other protected class, and if they exist seek legal counsel to determine if liability exists
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David L. Cohen
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