Factor Other Than Sex

The 'factor other than sex' is one of the four affirmative defenses an employer can use to justify a wage differential between men and women performing equal work. This defense allows for pay differences based on legitimate, non-discriminatory reasons, such as differences in education, training, experience, or specialized skills, provided these factors are applied uniformly and without regard to sex. It is a broad category intended to cover a variety of business-related justifications for pay disparities.

The 'factor other than sex' is one of the affirmative defenses under 19 Delaware Code § 1107A that permits a wage differential. This factor must be a bona fide, job-related reason for the pay disparity that is not based on an employee's gender, such as differences in education, training, experience, specialized certifications, or legitimate business needs, provided these factors are consistently applied and not a pretext for discrimination.