Outside Publication

The Uniform Guidelines on Employee Selection Procedures Does Not Apply to Compensation, Labor Law Journal, Vol. 70, Issue 4

Winter 2019

There is increasing debate surrounding whether the job relatedness standards described in the Uniform Guidelines on Employee Selection Procedures (UGESP) can be applied to compensation. While this employment practice is not directly referenced in UGESP, vague language in the guidance leaves open the possibility that it is applicable to pay, and in the face of new statutes requiring a demonstration of job relatedness for pay factors (e.g. California Fair Pay Act), attorneys and experts for plaintiff s argue that UGESP is a meaningful guide, while those for employers often disagree. This paper attempts to resolve this debate by evaluating whether the underlying principles in UGESP can be applied to pay decisions and concludes they cannot.

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