Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? MN Minnesota Sex Jobs that require equal skill, effort and responsibility, and which are performed under similar working conditions. If payment is made 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. Employers may not inquire into, consider, or require disclosure from any source the pay history of an applicant for employment for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. “Pay history” means “any prior or current wage, salary, earnings, benefits, or any other compensation about an applicant for employment.” The general prohibition against inquiring into the pay history of an applicant does not apply if the job applicant’s pay history is a matter of public record under federal or state law, unless the employer, employment agency, or labor organization sought access to those public records with the intent of obtaining pay history of the applicant for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. Employers can still provide information about the wages, benefits, compensation, or salary offered in relation to a position, and inquire about or otherwise engage in discussions with an applicant about the applicant’s expectations or requests with respect to wages, salary, benefits, or other compensation. MS Mississippi Sex Equal work on a job, the performance of which requires equal skill, education, effort and responsibility, and which is performed under similar working conditions in the same establishment. If payment is made pursuant to differential based on a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or any other factor other than sex, including, but not limited to, the salary history or continuity of employment history demonstrated by the employee as compared to employees of the opposite sex in the same establishment, the extent to which there was competition with other employers for the employee’s services as compared to employees of the opposite sex in the same establishment, and the extent to which the employee attempted to negotiate for higher wages as compared to employees of the opposite sex in the same establishment. No state law 21 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF NOVEMBER 2024
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