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Protected Characteristics

Gender, race, age, disability, and other protected categories in pay equity laws

Why This Matters

Defining which characteristics receive protection determines who benefits from pay equity laws and shapes organizational obligations. While most pay equity laws prioritize gender, expanding protections to race, age, disability, and other characteristics addresses intersectional discrimination and broader inequality. Different protected characteristics may require different analytical approaches and remediation strategies. Comprehensive protection frameworks ensure that organizations cannot simply shift discrimination from one group to another and address the compounding effects of multiple forms of bias.

How It's Measured

Analysis examines pay differences across all protected groups specified in legislation. This may require: separate regression models for each characteristic, intersectional analysis examining combined effects (e.g., Black women vs. white men), subgroup analyses within job categories, comparison of representation across organizational levels, and assessment of whether neutral policies have disparate impact on protected groups. Reporting requirements vary by jurisdiction - some mandate gender-only analysis while others require multi-characteristic reporting including race/ethnicity, age, disability status, and other factors.

How to Comply & Mitigate Risk

Organizations should: conduct comprehensive pay equity audits covering all protected characteristics in their jurisdiction(s), collect and analyze demographic data with appropriate privacy protections, use statistical methods capable of examining multiple characteristics simultaneously, address identified gaps regardless of reporting requirements, implement bias-reduction measures in all people processes (hiring, promotion, performance management), provide targeted development and advancement opportunities for underrepresented groups, and regularly monitor outcomes across all protected characteristics. Intersectional analysis is particularly important for identifying compounding discrimination affecting individuals with multiple protected characteristics.

Common Requirements

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Gender-based protections

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Race and ethnicity

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Planning

Asia-Pacific

Key Laws:

• Tripartite Guidelines on Fair Employment Practices

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