Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? DC District of Columbia No state Equal Pay law; pay discrimination prohibited under nondiscrimination statute N/A N/A No, employers cannot seek the wage history of a prospective employee from a person who previously employed the individual. Employers cannot screen prospective employees based on their wage history, including by requiring that the wage history satisfy minimum or maximum criteria or by requiring the prospective employee to disclose their wage history as a condition of being interviewed or continuing to be considered for an offer of employment. The term “wage history” is defined as “information related to compensation an employee has received from other or previous employment.” Further, the definition of “compensation” is expansive and includes “all forms of monetary and nonmonetary benefits an employer provides or promises to provide an employee in exchange for the employee’s services to the employer.” FL Florida Sex Equal work on jobs the performance of which require equal skill, effort and responsibility, performed under similar working conditions. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any reasonable factor other than sex when exercised in good faith. No state law GA Georgia Sex Equal work requiring equal skill, effort and responsibility, performed under similar working conditions within the same establishment. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. No state law HI Hawaii Sex, Race, Gender Identity or Expression, Sexual Orientation, Age, Religion, Color, Ancestry, Disability, Marital Status, Arrest and Court Record, Reproductive Health Decision, or Domestic or Sexual Violence Victim Status Substantially similar work on jobs the performance of which require equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. If resulting from a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide occupational qualification; or any permissible factor other than any of the protected categories. No, unless offered voluntarily and without prompting, employers may not inquire about, search public records for, or rely on salary history of applicants in the hiring process. Employer may engage in discussions (without inquiry about salary history) about salary or benefit expectations. If applicant voluntarily and without prompting discloses salary history, employer may consider the salary history and may verify such history. ID Idaho Sex Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility at the same establishment. If differential based on established seniority systems or merit increase systems that do not discriminate based on sex. No state law 11 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF NOVEMBER 2024
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