(1)An employer shall not
discriminate between employees on the basis of sex, or on the basis of sex in
combination with another protected status as described in section 24-34-402 (1)(a),
by paying an employee of one sex a wage rate less than the rate paid to an
employee of a different sex for substantially similar work, regardless of job title,
based on a composite of skill; effort, which may include consideration of shift work;
and responsibility, except where the employer demonstrates each of the following:
(a)That the wage rate differential is based on:
(III)A system that measures earnings by quantity or quality of production;
(IV)The geographic location where the work is performed;
(V)Education, training, or experience to th
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(1) An employer shall not
discriminate between employees on the basis of sex, or on the basis of sex in
combination with another protected status as described in section 24-34-402 (1)(a),
by paying an employee of one sex a wage rate less than the rate paid to an
employee of a different sex for substantially similar work, regardless of job title,
based on a composite of skill; effort, which may include consideration of shift work;
and responsibility, except where the employer demonstrates each of the following:
(a) That the wage rate differential is based on:
(I) A seniority system;
(II) A merit system;
(III) A system that measures earnings by quantity or quality of production;
(IV) The geographic location where the work is performed;
(V) Education, training, or experience to the extent that they are reasonably
related to the work in question; or
(VI) Travel, if the travel is a regular and necessary condition of the work
performed;
(b) That each factor relied on in subsection (1)(a) of this section is applied
reasonably;
(c) That each factor relied on in subsection (1)(a) of this section accounts for
the entire wage rate differential; and
(d) That prior wage rate history was not relied on to justify a disparity in
current wage rates.
(2) An employer shall not:
(a) Seek the wage rate history of a prospective employee or rely on the wage
rate history of a prospective employee to determine a wage rate;
(b) Discriminate or retaliate against a prospective employee for failing to
disclose the prospective employee's wage rate history;
(c) Discharge, or in any manner discriminate or retaliate against, an
employee for invoking this section on behalf of anyone or assisting in the
enforcement of this subsection (2);
(d) Discharge, discipline, discriminate against, coerce, intimidate, threaten,
or interfere with an employee or other person because the employee or person
inquired about, disclosed, compared, or otherwise discussed the employee's wage
rate;
(e) Prohibit, as a condition of employment, an employee from disclosing the
employee's wage rate; or
(f) Require an employee to sign a waiver or other document that:
(I) Prohibits the employee from disclosing wage rate information; or
(II) Purports to deny the employee the right to disclose the employee's wage
rate information.