The Oregon Pay Equity Act Is Here

When Congress passed the Equal Pay Act of 1963, it did so to “insure, where men and women are doing the same job under the same working conditions that they will receive the same pay.” Fifty-five years later, we are still not there. The ACS Census estimates that for 2018 the gender wage gap is 80 cents. That is, women earn 80 cents for each dollar men earn. According the National Women’s Law Center, women in Oregon earn 79.3 cents for every dollar earned by men. In the last few years, numerous states have passed equal pay laws designed to correct for the shortcomings of federal law. With a few exceptions, enforcement of Oregon’s latest effort at pay equality, the Oregon Pay Equity Act of 2017 (OPEA), begins January 1, 2019. In this Article we anticipate legal issues that will arise from the OPEA’s enforcement, raise uncertainties and address the proposed regulations issued by the Oregon Bureau of Labor and Industries. We pay particular attention to complexities involved in conducting pay equity analyses that will prove sufficient for employers to enjoy the OPEA’s “safe harbor” provision. In the end, we conclude that the OPEA is a welcome step toward pay equity for the incentives it creates for employers to voluntarily investigate wage structures within their workplaces.