§ 402.211 — Seniority or merit systems

Sec. 402.211. - Seniority or merit systems.

Notwithstanding any other provisions of this Part, it is not an unlawful employment practice for an employer: (a) To apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earning by quantity or quality or production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (b) To give and act upon the results of a professionally developed ability test if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (c) To differentiate upon the basis of sex in determining the amount of wages or compensation paid or to be paid to employees of the employer if the differentiation is authorized by the provisions of Section 6(d) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 206(d)].

(Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)