Oregon Expands Pay Equity Protections

Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the "Act"). The Act broadly expands Oregon's existing equal pay protections and imposes new restrictions on Oregon employers' use of salary histories in recruiting employees and setting compensation.

Key Elements of the Act:

Currently, Oregon requires only equal pay between "the sexes." Under the Act, employers will be prohibited from compensating employees differently on the basis of any "protected class."  Protected class is defined to include race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, and age.  Moreover, the Act prohibits discrimination not only in terms of "wages," but also "other compensation."  Compensation is defined to include "bonuses, benefits, fringe benefits and equity-based compensation."