California’s Fair Pay Act Expanded to Cover Race & Ethnicity and Prior Compensation History
It has been over one year since the 2015 California Fair Pay Act was passed, which is regarded as being the country’s toughest gender discrimination law. The law applies to companies in all industries and of all sizes, and generally requires equal pay for substantially similar work between men and women.
2016 Sees Expansion of New Law
Two bills which were recently passed expanded upon California’s Fair Pay Act:
This bill expands the Fair Pay Act to prohibit wage disparities based on race and ethnicity in addition to gender. The bill is a virtually word for word extension of the original Fair Pay Act’s requirements, and prohibits an employer from paying an employee a wage rate which is less than the rate paid to an employee of another ethnicity or race for substantially similar work. If there is any difference in pay, the burden is on the employer to attempt to prove that is based on legitimate work-related factors, such as quality of work or seniority, rather than race or ethnicity.
This bill specifies that a prior salary cannot single handedly justify any disparity in compensation between employees. This law was created to help encourage fair wage negotiations between employers and workers, and to ensure that salaries are based not on prior earnings but rather on:
- Job requirements
- Job expectations
- Worker qualifications
Contact Broslavsky & Weinman
Based out of Los Angeles and San Bernardino, the employment lawyers at Broslavsky & Weinman, LLP provide legal guidance and representation to clients who have faced gender, race, or other types of discrimination in the workplace. We strive to bring all cases of our clients to a successful resolution and will work tirelessly to ensure that you receive the compensation you are entitled to.