Are employers allowed to have different wages for the same job?
In Washington, employers are allowed to have different wages for the same job as long as the differences in pay are based on factors other than a person’s sex, race, age, or national origin. This is known as a “bona fide occupational qualification” (BFOQ). The employer must also prove that the requirement is a genuine occupational qualification and not a pretext for discrimination. Washington law also requires that employers pay employees the same salary or wages for work of equal importance, character, and value. This means that if two people are performing substantially similar jobs, they must be paid the same amount. Washington employers cannot pay one person more than another based on gender, race, age, or other protected characteristics. In some cases, employers may set different wages for different jobs in an effort to reduce labor costs, or to account for differences in the market value of the jobs. If this happens, the employer must ensure that any differences in wages are based on legitimate factors, and not on discrimination or a violation of the anti-discrimination laws. In Washington, employment discrimination law applies to all employers with eight or more employees. It is illegal for employers to pay employees different wages for the same job based on gender, race, national origin, or other protected characteristics. Employers must be sure to comply with these laws or face potential penalties and legal consequences.
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