Section 260-RICR-30-05-8.3 - Wage Differential for Comparable Work Based on Protected Class Characteristics ProhibitedA. Where an employer has more than one (1) employee engaged in comparable work either simultaneously or successively, the employer shall not pay any of its employees a lower wage, inclusive of all benefits, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin for said comparable work, except where the employer meets the standards set forth in subsection (b) of R.I. Gen. Laws § 28-6-18.B. Where an employee does not have a contemporaneous co-worker engaged in comparable work, but the employer previously employed one (1) or more other individuals to perform comparable work, the employee may make reference to the wages of the predecessor individual(s) as comparator for determining whether a pay differential exists.C. Compensation unrelated to the performance of an employee's job functions, such as referral bonuses or relocation compensation, are not included in assessing pay differentials, provided this compensation is incidental to the employee's primary job functions and is not a pretext for an unlawful wage differential; incentive compensation, such as recruitment, hiring or sign-on bonuses, and subjective compensation, such as gifts or holiday bonuses, are to be included in assessing pay differentials.260 R.I. Code R. 260-RICR-30-05-8.3
Adopted effective 1/1/2023