In anticipation of the January 1, 2019 effective date of the law, Oregon employers should consider the following:
- Make sure job applications do not ask for salary or pay history
- Train anyone who interviews job applicants regarding what kind of questions are appropriate under the new law (and how to respond when an applicant volunteers prior pay history)
- Post the BOLI Equal Pay poster
- Analyze the pay range of employees who perform work of comparable character to determine whether discrepancies in pay between workers who perform work of a comparable character are justified by bone fide factors
- Adjust lower paid employees wages to match equivalent employees where differences in pay cannot be justified by bone fide factors
- Avoid lowering compensation of an employee to comply with the law
- Review criteria for bonuses and other awards to make sure any differences can be explained based on bone fide factors
Employers should also take a look at BOLI’s Equal Pay Best Practices Guides, which address:
- Fair Recruiting and Promotion of Women
- Fair Compensation and Initial Salary
- Joint Evaluation and Pay-for-Performance
- Encouraging Mentorships and Role Models
- Accommodating Pregnant Employees
- On-site Child Care
https://www.oregon.gov/boli/TA/Pages/Equal_Pay_Best_Practices.aspx
We will continue to post on this new law as application and interpretation of the law evolves.
