E-12.001 - Pay Equity Act

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67. For the purpose of valuating differences in compensation, differences between job classes based on any of the following factors shall not be taken into account:
(1)  seniority, unless this factor is applied so as to discriminate on the basis of gender;
(2)  an assignment of fixed duration, such as an employee training, development or orientation assignment;
(3)  the region in which the employee works, unless this factor is applied so as to discriminate on the basis of gender;
(4)  a shortage of skilled workers;
(5)  the temporary maintenance of a person’s compensation following a reclassification or demotion, so that the person is not penalized due to a new rate of compensation or compensation scale, provided the compensation applicable to the employees in the same job class catches up to the person’s compensation within a reasonable time;
(5.1)  a handicapped person’s compensation under a special arrangement;
(6)  non-enjoyment of benefits having pecuniary value by reason of the temporary, casual or seasonal nature of a position.
1996, c. 43, s. 67; 2009, c. 9, s. 20.
67. For the purpose of valuating differences in compensation, differences between job classes based on any of the following factors shall not be taken into account:
(1)  seniority, unless this factor is applied so as to discriminate on the basis of gender;
(2)  an assignment of fixed duration, such as an employee training, development or orientation assignment;
(3)  the region in which the employee works, unless this factor is applied so as to discriminate on the basis of gender;
(4)  a shortage of skilled workers;
(5)  red circling, that is, a situation where a person’s compensation is maintained, following a reclassification, demotion or special arrangement for the handicapped, at its former level until the compensation in the person’s new job class attains that level;
(6)  non-enjoyment of benefits having pecuniary value by reason of the temporary, casual or seasonal nature of a position.
1996, c. 43, s. 67.