1. (a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from:

   1. (1) A seniority system;
   2. (2) A merit system;
   3. (3) A system that measures earnings by quantity or quality of production;
   4. (4) A bona fide occupational qualification; or

   5. (5) A differential based on any other permissible factor other than any of the protected categories listed in section 378-2(a)(1),

      do not violate this section.

2. (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section.

[L 2005, c 35, §2; am L 2018, c 108, §3; am L 2023, c 203, §3]