The Pay Equity Project – Fifty-State Pay Equity Law Summary

Alabama Hawaii Massachusetts New Mexico South Dakota

Alaska Idaho Michigan New York Tennessee

Arizona Illinois Minnesota North Carolina Texas

Arkansas

Indiana Mississippi North Dakota Utah

California Iowa Missouri Ohio Vermont

Colorado Kansas Montana Oklahoma Virginia

Connecticut Kentucky Nebraska Oregon Washington

Delaware Louisiana Nevada Pennsylvania West Virginia

Florida Maine New Hampshire Rhode Island Wisconsin

Georgia Maryland New Jersey South Carolina Wyoming

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 1

November 10, 2021

Alabama

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Alabama

Public and private

employers are covered

by the Equal pay law.

2019 Ala. Laws 519

(H.B. 225)

Sex, Race

Other protections:

Age discrimination 29

C.F.R.

§ 1620.3; 42 U.S.C. §

2000e (b); 42 U.S.C. §

12111(5); 29 U.S.C. §

630

Equal pay law called "Clarke-Figures Equal Pay

Act" (effective Aug. 1, 2019):

Employers cannot pay wage rates to employees of

one sex or race that are lower than wage rates

paid to employees of another sex or race for

equal work that requires equal skill, effort,

education, experience, and responsibility that is

performed in the same establishment and under

similar work conditions, unless the differential is

based on:

a seniority system;

a merit system;

a system that measures earnings by

quantity or quality of production; or

a differential based on any factor other

than sex or race.

Employees that file claims alleging violations of

these provisions must establish

that they were

paid less than someone else for equal work

despite having equal skill, effort, education,

experience, and responsibility; and

that the

applicable wage schedule is not or was not

correlated with any permissible differentials set

forth above.

2019 Ala. Laws 519 (H.B. 225)

Statutory Language (2019 Ala. Laws 519):

"Relating to wages; to prohibit an employer from

paying any of its employees at wage rates less

than those paid to employees of another sex or

race for equal work unless a wage differential is

based upon one or more specified factors."

"(a) An employer, including the state or any of its

political subdivisions, including public bodies, may

not pay any of its

employees at wage rates less

than the rates paid to employees of another sex

or race for equal work within the same

establishment on jobs the performance of which

requires equal skill, effort, education, experience,

and responsibility, and performance under similar

working conditions, except where the payment is

made pursuant to any of the following:

A seniority system.

A merit system.

A system that measures earnings by quantity or 24

quality of production.

A differential based on any factor other than 2 sex

or race.

Employers cannot pay

wage rates to

employees of one sex

or race that are lower

than wage rates paid to

employees of another

sex or race for equal

work that requires

equal skill, effort,

education, experience,

and responsibility that

is performed in the

same establishment

and under similar work

conditions, unless the

differential is based on:

a seniority system;

a merit system;

a system that measures

earnings by quantity or

quality of production; or

a differential based on

any factor other than

sex or race.

Equal pay law (effective

Aug. 1, 2019):

Applicants or

employees may choose

to voluntarily provide

their wage history to

employers. Wage

history means the

wages paid to an

individual for

employment by the

individual's current or

former employer.

Employers cannot

refuse to interview,

hire, promote, or

employ applicants or

employees, or

otherwise retaliate

against applicants or

employees, because

they refuse to provide

their wage history.

2019 Ala. Laws 519

(H.B. 225)

Employers cannot

retaliate against

applicants or

employees because

they refuse to provide

their wage history.

2019 Ala. Laws 519

(H.B. 225)

Employers that violate

the Equal pay law are

liable to the affected

employee for the

amount of wages that

the employee was

deprived as a result of

the violation, plus

interest. If an employee

recovers wages from

an employer under the

salary history

provisions, and also

recovers wages under

federal law for the same

violation, the employee

must return the lesser

of the two amounts to

the employer.

2019 Ala. Laws 519

(H.B. 225)

Equal pay law (effective

Aug. 1, 2019): 2019 Ala.

Laws 519 (H.

B. 225)

Alabama Laws:

http://alisondb.legislatur

e.state.al.

us/acas/ACA

SLoginie.asp

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 2

November 10, 2021

Alabama

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

“(b) An employer shall not refuse to interview, hire,

promote, or employ an applicant for employment, or

retaliate against an

applicant for employment

because the applicant does not provide wage

history. Wage history means the wages paid to an

applicant for employment by the applicant's

current or former employer.

The Pay Equity Project – Fifty-State Pay Equity Law Summary

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November 10, 2021

Alaska

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Alaska

See Fair employment

practices law.

In compensation: Race,

religion, color, or

national origin (which

includes ancestry), age,

physical or mental

disability, sex, marital

status, marital status

changes, pregnancy, or

parenthood.

In the payment of

wages: sex

It is unlawful for an employer to discriminate in

compensation based on race, religion, color, or

national origin, which includes ancestry. It's also

unlawful for an employer to discriminate in

compensation based on age, physical or mental

disability, sex, marital status, marital status

changes, pregnancy, or parenthood, unless a

distinction on that basis is required by business

necessity or a position's reasonable demands.

Employers cannot discriminate based on sex in the

payment of wages. They also cannot pay female

employees in Alaska

at a salary or wage rate that

is less than the salary or wage rate paid to male

employees for comparable work or for work

in the

same operation, business, or line of work at the

same locality. [Note: The Alaska Supreme Court has

interpreted

comparable work to mean substantially

equal work, rather than work of comparable value

to the employer (Alaska State

Commission for

Human Rights v. State, Dept. of Administration, 796

P.2d 458 (Alaska 1990)).]

Employers and their employees cannot aid, abet,

incite, compel, or coerce unlawful discriminatory

acts or try to do so. Alaska Stat. § 18.80.260.

Statutory Language (Alaska Stat. § 18.80.220.

Unlawful Employment Practices):

"(a) Except as provided in (c) of this section, it is

unlawful for (1) an employer to refuse employment

to a person, or to bar a person from employment,

or to discriminate against a person in

compensation or in a term, condition, or privilege

of employment because of the person's race,

religion, color, or national origin, or because of the

person's age, physical or mental disability, sex,

marital status, changes in marital status,

pregnancy, or parenthood when the reasonable

demands of the position do not require distinction

on the basis of age, physical or mental disability,

sex, marital status, changes in marital status,

pregnancy, or parenthood…”

Statutes:

Alaska Stat. § 18.80.220

Alaska Admin. Code tit. 6, § 30.910

Employers can defend

against complaints of

such discrimination by

establishing that:

the distinction is

necessary for safe and

efficient business

operations;

the business purpose is

sufficiently compelling

to override any

disproportionate impact

on employees and

applicants in protected

classes;

the challenged

business practice

efficiently carries out

that business purpose;

and

there is no available or

acceptable policy or

practice that would

accomplish that

business purpose with

less discriminatory

impact.

N/A

See Fair employment

practices law.

See Fair employment

practices law.

Coverage: Alaska Stat.

§§ 18.80.220, 18.80.300

Alaska Admin. Code tit.

6, § 30.985

Pay Discrimination

Prohibitions: Alaska

Stat. §§ 18.80.220,

18.80.260

Alaska Admin. Code tit.

6, § 30.910

Alaska Laws:

http://www.legis.state.a

k.us/basis/folio.asp

Alaska Regulations:

http://www.legis.state.ak

.us/basis/aac.asp

The Pay Equity Project – Fifty-State Pay Equity Law Summary

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November 10, 2021

Arizona

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Arizona

Public and private

employers (and their

agents) that employ

men and women are

covered by the Equal

pay law.

Ariz. Rev. Stat. § 23-

340

Equal pay law:

Sex

Fair employment

practices law:

Race, color, religion,

sex, age (40 and older),

national origin, or

disability.

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are less than the wage rates paid

to employees of the opposite sex for the same

quality and quantity of the same classification of

work in the same establishment. Wage means

any compensation for work measured by time,

piece, or another basis.

Ariz. Rev. Stat. §§ 23-340 to 23-341

Statutory Language.

23-341. Equal wage rates;

variations; penalties; enforcement

“A. Notwithstanding the other provisions of this

chapter, no employer shall pay any person in his

employ at wage rates less than the rates paid to

employees of the opposite sex in the same

establishment for the same quantity and quality of

the same classification of work, provided, that

nothing herein shall prohibit a variation of rates of

pay for male and female employees engaged in

the same classification of work based upon a

difference in seniority, length of service, ability,

skill, difference in duties or services performed,

whether regularly or occasionally, difference in

the shift or time of day worked, hours of work, or

restrictions or prohibitions on lifting or moving

objects in excess of specified weight, or other

reasonable differentiation, factor or factors other

than sex, when exercised in good faith.”

“G. The burden of proof shall be upon the person

bringing the claim to establish that the

differentiation in rate of pay is based upon the

factor of sex and not upon other differences,

factor or factors.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, age (40 and

older), national origin, or disability.

Employers can vary

wage rates for male

and female employees

in the same work

classification if these

variations are made in

good faith and based

on differences in:

seniority or length of

service;

ability or skill;

duties or services that

are regularly or

occasionally performed;

the shift or time of day

worked or hours of

work;

restrictions or

prohibitions on lifting or

moving objects in

excess of a specified

weight; or

other reasonable

factors other than sex.

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality or to employees

who work in different

locations if these

differences are not the

result of an intent to

discriminate based on

race, color, religion,

sex, or national origin.

Employers also can

differentiate wages or

compensation based

on sex or disability if

these differences are

authorized by the

federal Fair Labor

Standards

Act (29

U.S.C. §§ 206(d), 214).

Ariz. Rev. Stat. §

41-

1463

N/A

See Fair employment

practices law.

Employers that violate

the Equal pay law can

be ordered to pay

employees the amount

of wages owed, for up

to 30 days before

employers received

written notice of

employees' claim, plus

litigation costs.

Ariz. Rev. Stat. §§ 23-

340 to 23-341

Coverage: Equal pay

law: Ariz. Rev. Stat. §

23-340

Fair employment

practices law: Ariz. Rev.

Stat. §§ 41-1461 to

41-

1463

Pay Discrimination

Prohibitions: Equal pay

law: Ariz. Rev. Stat.

§§ 23-340 to 23-341

Fair employment

practices law: Ariz. Rev.

Stat. § 41-1463

Penalties/Remedies:

Equal pay law:

Ariz.

Rev. Stat. §§ 23-340

23-341

Arizona Laws:

http://www.azleg.state.a

z.us/ArizonaRevisedSt

atutes.aspc

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 5

November 10, 2021

Arkansas

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Arkansas

Public and private

employers are covered

by the equal pay

provisions.

Ark. Code Ann. § 11-4-

601

Sex

Equal pay: Employers cannot discriminate solely

based on sex in the payment of wages or

compensation. They must pay employees equal

compensation for equal work.

Ark. Code Ann. § 11-4-601

Statutory Language (Ark. Code Ann. § 11-4-601.

Discrimination on the basis of sex prohibited.)

“(a) Every employer in the state shall pay

employees equal compensation for equal

services, and no employer shall discriminate

against any employee in the matter of wages or

compensation solely on the basis of the sex of the

employee.”

“(b) An employer who violates or fails to comply with

the provisions of this section shall be guilty of a

Class C

misdemeanor, and each day that the

violation or failure to comply continues shall be a

separate offense.”

Wage discrimination:

Employers cannot discriminate in the payment of

wages based on sex. They also cannot pay

female employees at salary or wage rates that are

less than those paid to male employees for

comparable work.

Ark. Code Ann. §§ 11-4-610 to 11-4-611

Statutory Language (Ark. Code Ann. § 11-4-610.

Additional sex discrimination)

“(a) No employer shall discriminate in the payment

of wages as between the sexes or shall pay any

female in his or her employ salary or wage rates

less than the rates paid to male employees for

comparable work.”

“(b) Nothing in §§ 11-4-607 -- 11-4-612 shall

prohibit a variation in rates of pay based upon a

difference in seniority, experience, training, skill,

ability, differences in duties and services

performed, differences in the shift or time of the

day worked, or any other reasonable

differentiation except difference in sex.”

Employers can pay

different wage rates

based on:

differences in seniority,

experience, training,

skill, or ability;

differences in duties

and services

performed;

differences in the shift

or time of day worked;

any other reasonable

differentiation other

than sex.

N/A

Wage discrimination:

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

make complaints to their

employer, the Arkansas

Department

of Labor

and Licensing, or any

person alleging

violations of the wage

discrimination

provisions;

initiate or trigger

proceedings related to

the provisions; or

testify or are about to

testify in those

proceedings.

Ark. Code Ann. § 11-4-

608

Employers that violate

the equal pay

provisions are guilty of

a misdemeanor. Each

day of noncompliance

is considered a

separate offense.

Ark. Code Ann. § 11-4-

601

Coverage: Equal pay:

Ark. Code Ann. § 11-4-

601

Pay Discrimination

Prohibitions: Equal pay:

Ark. Code Ann. §

11-4-

601

Retaliation Prohibition:

Wage discrimination:

Ark. Code Ann. §

11-4-

608

Penalties/Remedies:

Equal pay: Ark. Code

Ann. § 11-4-601

Arkansas Laws:

http://www.state.ar.us/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 6

November 10, 2021

California

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

California

Public and private

employers are covered

by the Equal pay law.

The law does not cover

outside sales

employees or persons

participating in a

national service

program through

assistance provided

under 42 U.S.C. §

12571.

Cal. Lab. Code §§

1171, 1197.5

Public and private

employers are covered

by the wage payment

law.

Cal. Lab. Code §§ 232

to 232.5

Salary history: Public

and private employers

are covered by the

salary history

provisions.

Cal. Lab. Code § 432.3

Equal pay law:

Sex

Fair employment

practices law:

Employers cannot

discriminate in

compensation based

on race, religious

creed, color, national

origin, ancestry,

physical or mental

disability, medical

condition, genetic

information, marital

status, sex, gender,

gender identity, gender

expression, age (40

and older), sexual

orientation, or military

or veteran status,

unless a permissible

defense applies. They

also cannot

discriminate based on

perceived race,

religious creed, color,

national origin,

ancestry, physical or

mental disability,

medical condition,

genetic information,

marital status, sex, age

(40 and older), sexual

orientation, or military

or veteran status, and

cannot discriminate

based on an

association with people

who belong or are

perceived to belong to

these protected

classes. In addition,

employers cannot base

any amount of

compensation on

employees' sex, except

as legally required or

permitted

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are less than the wage rates paid

to employees of the opposite sex for substantially

similar work (when viewed as a composite of skill,

effort, and responsibility) performed under similar

working conditions. Employers also cannot pay

employees of one race or ethnicity at wage rates

that are less than the wage rates paid to

employees of another race or ethnicity for

substantially similar work (when viewed as a

composite of skill, effort, and responsibility)

performed under similar working conditions.

Until Jan. 1, 2019, employees' prior salary cannot,

by itself, justify any compensation disparity.

Employees' prior salary cannot justify any

compensation disparity; however, employers can

make compensation decisions based on current

employees' existing salary if any resulting wage

differential is justified by one or more of the

factors listed above. Cal. Lab. Code § 1197.5

Statutory Language: Cal. Lab. Code § 1197.5.

Equal wage rates; exceptions; liability; enforcement;

retaliation

“(a) An employer shall not pay any of its employees

at wage rates less than the rates paid to employees

of the opposite

sex for substantially similar work,

when viewed as a composite of skill, effort, and

responsibility, and performed under similar

working conditions, except where the employer

demonstrates:

The wage differential is based upon one or more

of the following factors:

A seniority system.

A merit system.

A system that measures earnings by quantity or

quality of production.

A bona fide factor other than sex, such as

education, training, or experience. This factor shall

apply only if the

employer demonstrates that the

factor is not based on or derived from a sex-based

differential in compensation, is job related with

respect to the position in question, and is

consistent with a business necessity. For

purposes of this subparagraph, “business

necessity” means an overriding legitimate

business purpose such that the factor relied upon

effectively fulfills the business purpose it is

supposed to serve. This defense shall not apply if

the employee demonstrates that an alternative

business practice exists that would serve the

Employers can pay

wage differentials,

based on any of the

following factors, if they

can show that these

factors are reasonably

applied and together

account for the entire

wage differential:

seniority or merit

systems; systems that

measure earnings by

production quantity or

quality; or any bona fide

factor other than sex,

race, or ethnicity, such

as education, training,

or experience.

Employers can base

wage differentials on

any bona fide factor

only if they can show

that the factor is job-

related, is consistent

with business

necessity, and is not

based on sex, race, or

ethnicity. Business

necessity means that

the factor is needed to

effectively fulfill a

legitimate business

purpose. This defense

does not apply if

employees can show

that an alternative

practice could serve the

same business purpose

without producing a

wage differential.

Fair Employment

Discrimination -

Permissible Defenses

Employers can

discriminate if they can

prove one of the

following permissible

defenses and show

that less discriminatory

alternatives are not

available: Business

necessity: If an

apparently neutral

Employers and their

agents cannot seek

information, orally or in

writing, about

applicants' salary,

compensation, or

benefits history.

Employers also cannot

rely on this information

as a factor in

determining whether to

offer applicants

employment or what

salary to offer them.

Applicants are people

seeking employment

with an employer that

they are not employed

by in any capacity or

position.

Applicants can

voluntarily disclose

information about their

salary, compensation,

or benefits history to

employers. If they do,

employers can

consider or rely on this

information in

determining what salary

to offer applicants.

Employers also can ask

applicants about their

salary expectations for

a position. These

provisions do not allow

applicants' prior salary,

by itself (until Jan. 1,

2019), to justify any

compensation disparity.

Employers must

provide a position's pay

scale to applicants who

make a reasonable

request

for this

information. pay scale is

a salary or hourly wage

range. A reasonable

request is a

request

made after applicants

have completed an

initial interview.

Employers cannot

discharge or otherwise

discriminate or retaliate

against employees

because they cause or

assist with the Equal

pay law's enforcement.

Employers also cannot

discharge or otherwise

discriminate or retaliate

against employees in

terms and conditions of

employment because

they engage in

protected conduct

under the law.

Cal. Lab. Code §

1197.5

If employers are sued

by the California

Department of Industrial

Relations or its Division

of Labor Standards

Enforcement, they can

be ordered to:

Pay employees the

amount of unpaid

wages due (plus

interest);

An additional equal

amount in liquidated

damages; and Costs. If

employers willfully

violate the law, the

division also can seek

court orders to stop

violations. Employers

that are sued by

employees can be

ordered to pay:

The amount of unpaid

wages due (plus

interest); An additional

equal amount in

liquidated damages;

Reasonable attorneys'

fees; and Costs. If

employees recover

such wages, interest, or

damages and

also

recover an amount

under the federal Equal

Pay Act for

the same

violation, they must

return the lesser

amount to employers.

Employers and their

officers, agents, or

employees who violate

or fail to comply with

the law are guilty of a

misdemeanor and can

be fined at least $100,

imprisoned for at least

30 days, or both. If they

willfully violate the law's

pay discrimination

prohibitions or willfully

reduce any employee's

wages to comply with

the prohibitions, they

are guilty of a

Coverage: Equal pay

law: Cal. Lab. Code §§

1171, 1197.5 Fair

employment practices

law: Cal. Gov't Code §§

12926 to 12926.05,

12926.2, 12928, 12940;

Cal. Code Regs. tit. 2,

§§

11008 (27-Z Cal.

Regulatory Notice Reg.

1013 (July 10, 2019)),

11027.1 to 11028

Pay Discrimination

Prohibitions: Equal pay

law: Cal. Lab. Code

§ 1197.5

Fair employment

practices law: Cal.

Gov't Code §§ 12940,

12964.5; Cal. Code

Regs. tit. 2, § 11034

Wage Disclosure:

Equal pay law: Cal.

Lab. Code § 1197.5

Salary History: Cal.

Lab. Code § 432.3

Retaliation Prohibition:

Equal pay law: Cal.

Lab. Code § 1197.5

Penalties/Remedies:

Equal pay law: Cal.

Lab. Code §§ 23,

1194.3, 1194.5, 1197.5,

1199 to 1199.5

California Laws:

http://leginfo.legislature.

ca.gov/faces/codes.

xhtml California

Department of Industrial

Relations, Division of

Labor Standards

Enforcement:

http://www.dir.ca.gov/dls

e/dlse.

html

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 7

November 10, 2021

California

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

same business purpose without producing the

wage differential.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, religious creed, color, national

origin, ancestry, physical or mental disability,

medical condition, genetic information, marital

status, sex, gender, gender identity, gender

expression, age (40 and older), sexual orientation,

or military or veteran status, unless a permissible

defense applies. They also cannot discriminate

based on perceived race, religious creed, color,

national origin, ancestry, physical or mental

disability, medical condition, genetic information,

marital status, sex, age (40 and older), sexual

orientation, or military or veteran status, and

cannot discriminate based on an association with

people who belong or are perceived to belong to

these protected classes. In addition, employers

cannot base any amount of compensation on

employees' sex, except as legally required or

permitted.

Employers must take reasonable steps to prevent

and promptly correct unlawful discrimination.

Employers cannot aid, abet, incite, compel, or

coerce unlawful discriminatory acts or try to do so.

Releases and nondisparagement agreements:

Employers cannot require employees to do either

of the following in exchange for a raise or bonus:

Sign a release of a claim or right under the Fair

employment practices law. A release of a claim or

right includes a

statement that an employee does

not have any claim or injury against an employer.

It also includes a release of the right to file and

pursue a civil action or complaint with, or to

otherwise notify, a state agency, other public

prosecutor, law enforcement agency, or any court

or other government entity.

Sign a nondisparagement agreement or other

document that appears to deny them the right to

disclose information about unlawful or potentially

unlawful acts in the workplace.

Any such release or agreement is unenforceable.

These provisions do not apply to negotiated

settlement agreements resolving claims under the

Fair employment practices law that employees

filed with a court, administrative agency, or

alternative dispute resolution forum or through

their employer's internal complaint process.

Settlement agreements are negotiated if they are

voluntary, deliberate, and informed; they provide

employment practice is

discriminatory in effect,

employers must prove

that an overriding,

legitimate business

purpose makes this

practice necessary to

safe, efficient business

operations; that the

practice effectively

accomplishes this

purpose; and that no

alternative practice

exists to accomplish

that purpose equally

well with a less

discriminatory impact.

Security regulations:

Employment practices

are

lawful if they

conform to applicable

federal or California

security regulations.

Nondiscrimination plans

or affirmative action

plans: Employment

practices are lawful if

they conform to bona

fide, voluntary

affirmative action plans

(under Cal. Code Regs.

tit. 2, § 11011),

nondiscrimination plans

(under Cal. Gov't Code

§ 12990), or state or

federal court or

administrative agency

orders. Otherwise

legally required:

Employment practices

are lawful if they are

required by state or

federal laws or court

orders.

Cal. Lab. Code § 432.3

misdemeanor and can

be fined up to $10,000,

imprisoned for up to six

months (for a

subsequent offense

after a prior conviction),

or both.

Retaliation prohibition:

Employers that retaliate

against employees for

engaging in protected

conduct can be ordered

to reinstate employees,

reimburse them for lost

wages and benefits

with interest, and

provide other remedies.

Cal. Lab. Code §§ 23,

1194.3, 1194.5, 1197.5,

1199 to 1199.5

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 8

November 10, 2021

California

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

valuable consideration to employees; and

employees are given notice and an opportunity to

retain an attorney or are represented by an

attorney.

Cal. Gov't Code §§ 12940, 12964.5; Cal. Code

Regs. tit. 2, § 11034

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 9

November 10, 2021

Colorado

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Colorado

Public and private

employers with

employees in Colorado,

employment agencies,

and labor organizations

are covered by the

Equal pay law.

Employees do not

include domestic

service workers. The

law does not apply to

employers that are

exempt from the

federal National

Labor

Relations Act (29 U.S.C.

§ 151).

Colo. Rev. Stat. § 8-5-

101

Equal pay law:

Sex

Fair employment

practices law:

Disability, race, creed,

color, sex, sexual

orientation, religion,

age (40 and older),

national origin, or

ancestry. Sex

discrimination includes

discrimination based on

pregnancy. Sexual

orientation includes

transgender status.

Equal pay law: Employers cannot discriminate

solely based on sex in the amount of wages or

salary paid to employees. Colo. Rev. Stat. § 8-5-

102

Fair employment practices law:

Employers cannot discriminate in compensation

against qualified employees or applicants based

on disability, race, creed, color, sex, sexual

orientation, religion, age (40 and older), national

origin, or ancestry. Sex discrimination includes

discrimination based on pregnancy. Sexual

orientation includes transgender status.

Employers can make individual agreements

regarding compensation or terms, conditions, and

privileges of employment for employees with

disabilities if these agreements are part of a

therapeutic or job training program lasting up to

20 hours per week for up to 18 months.

Colo. Rev. Stat. § 24-34-402

Statutory Language: Colorado’s Equal Pay for Equal

Work Act (SB 19-085) -- Effective Jan 1, 2021. "(1)

An employer shall not discriminate between

employees on the basis of sex, or on the basis of

sex in combination with

another protected status

as described in section 24-34-402 (1)(a), by

paying an employee of one sex a wage rate less

than the rate paid to an employee of a different

sex for substantially similar work, regardless of

job title, based on a composite of skill; effort,

which may include consideration of shift work;

and responsibility, except where the employer

demonstrates each of the following: “(a) that the

wage rate differential is based on: a seniority

system; a merit system; a system that measures

earnings by quantity or quality of production; the

geographic location where the work is performed;

education, training, or experience to the extent that

they are reasonably related to the work in

question; or travel, if the travel is a regular and

necessary condition of the work performed; that

each factor relied on in subsection (1)(a) of this

section is applied reasonably; that each factor

relied on in subsection (1)(a) of this section

accounts for the entire wage rate differential; and

that prior wage rate history was not relied on to

justify a disparity in current wage rates.”

Where the employer

demonstrates each of

the following: (a) that

the wage rate

differential is based on:

a seniority system; a

merit system; a system

that measures earnings

by quantity or quality of

production; the

geographic location

where the work is

performed; education,

training, or experience

to the extent that they

are reasonably related

to the work in question;

or travel, if the travel is

a regular and

necessary condition of

the work performed;

that each factor relied

on in subsection (1)(a)

of this section is

applied reasonably;

that each factor relied

on in subsection (1)(a)

of this section accounts

for the entire wage rate

differential; and that

prior wage rate history

was not relied on to

justify a disparity in

current wage rates.”

Statutory Language:

Colorado’s Equal Pay

for Equal Work Act (SB

19-085)

An employer shall not:

seek the wage rate

history of a prospective

employee or rely on the

wage rate history of a

prospective employee

to determine a wage

rate; discriminate or

retaliate against a

prospective employee

for failing to disclose

the prospective

employee's wage rate

history; discharge, or in

any manner

discriminate or retaliate

against, an employee

for invoking this section

on behalf of anyone or

assisting in the

enforcement of this

subsection (2);

discharge, discipline,

discriminate against,

coerce, intimidate,

threaten, or interfere

with an employee or

other person because

the employee or person

inquired about,

disclosed, compared,

or otherwise discussed

the employee's wage

rate; prohibit, as a

condition of

employment, an

employee from

disclosing the

employee's wage rate;

or require an employee

to sign a waiver or other

document that: (i)

prohibits the employee

from disclosing wage

rate information; or (ii)

purports to deny the

employee the right to

disclose the

employee's wage rate

information.

Equal pay law (Effective

January 1, 2021)

Employers must not

discriminate or retaliate

against a prospective

employee for failing to

disclose their wage

history, or discharge,

discriminate, or retaliate

against an employee

for assisting in the

enforcement of the

wage history provisions

of the Equal pay law.

Employers also must

not discharge,

discipline, discriminate

against, coerce,

intimidate, threaten, or

interfere with an

employee or other

person because the

employee or person

inquired about,

disclosed, compared,

or otherwise discussed

the employee's wage

rate. Colo

. Rev. Stat. §

8-5-102 (2019 Colo.

Sess. Laws. 247 (S.B.

19-085)).

An employer can be

liable for: Legal and

equitable relief, with

may include

employment,

reinstatement,

promotion, pay

increase, payment of

lost wage rates, and

liquidated damages;

and

the employee’s

reasonable costs,

including attorneys’ fees.

Employers that violate

the Equal pay law can

be ordered to pay an

amount equal to the

difference between the

amount of wages or

salary paid to the

complaining employee

and the amount to

which the employee

would have received

had there been no

discrimination.

Employers that willfully

violate the prohibitions

also can be ordered to

pay an additional

amount up to such

wage or salary

difference.

Colo. Rev. Stat. § 8-5-

104

Coverage: Equal pay

law: Colo. Rev. Stat. §

8-5-101

Fair employment

practices law:

https://ccrd.colorado.go

v/regulatory-information

Colo. Rev. Stat. §§ 24-

34-301, 24-34-401 to

24-34-402; 3 Colo.

Code Regs. § 708-1-

10.2

Pay Discrimination

Prohibitions: Equal pay

law: Colo. Rev. Stat.

§ 8-5-102

Fair employment

practices law: Colo. Rev.

Stat. § 24-34-402

Wage Disclosure:

Equal pay law: Colo.

Rev. Stat.

§ 8-5-102

Fair employment

practices law: Colo.

Rev. Stat. § 24-34-402

Penalties/Remedies:

Equal pay law: Colo.

Rev. Stat. § 8-5-104

Colorado Laws:

https://www.colorado.g

ov/

Colorado Department

of Labor and

Employment:

http://www.colorado.go

v/cdle/labor

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 10

November 10, 2021

Connecticut

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Connecticut

Public and private

employers are covered

by the Equal pay law.

Conn. Gen. Stat. § 31-

Equal pay law:

Sex

Fair employment

practices law:

race, color, religious

creed, age, sex, gender

identity or expression,

marital status, national

origin, or ancestry; a

present or past history

mental, intellectual,

learning,

or physical

disabilities, including

blindness; or veteran

status, sexual

orientation, or civil

union status.

Equal pay law:

Employers cannot discriminate in compensation

solely based on employees' sex. They also cannot

pay employees of one sex at wage rates that are

lower than the wage rates paid to employees of

the opposite sex for equal work that requires

equal skill, effort, and responsibility under similar

working conditions. Such pay discrimination

occurs when employers adopt discriminatory pay

decisions or practices, employees become subject

to these decisions or practices, or employees

are

affected by the application of the decisions or

practices. A continuing violation occurs each time

wages, benefits, or

other compensation are paid.

Conn. Gen. Stat. §§ 31-75 (see Smart Code® for

the latest cases), 31-76

Statutory Language: Conn. Gen. Stat. Ann. § 31-75.

Discrimination in compensation on the basis of sex.

Prohibited

practices. Employer demonstration

"(a) No employer shall discriminate in the amount of

compensation paid to any employee on the basis of

sex. Any

difference in pay based on sex shall be

deemed a discrimination within the meaning of

this section."

"(b) If an employee can demonstrate that his or

her employer discriminates on the basis of sex by

paying wages to employees at the employer's

business at a rate less than the rate at which the

employer pays wages to employees of the

opposite sex at such business for equal work on a

job, the performance of which requires equal skill,

effort and responsibility, and which are performed

under similar working conditions, such employer

must demonstrate that such differential in pay is

made pursuant to (1) a seniority system; (2) a

merit system; (3) a system which measures

earnings by quantity or quality of production; or

(4) a differential system based upon a bona fide

factor other than sex, such as education, training

or experience. Said bona fide factor defense shall

apply only if the employer demonstrates that such

factor (A) is not based upon or derived from a sex-

based differential in compensation, and (B) is job-

related and consistent with business necessity.

Such defense shall not exist where the employee

demonstrates that an alternative employment

practice exists that would serve the same

business purpose without producing such

differential and that the employer has refused to

adopt such alternative practice."

Fair employment practices law:

Employers can pay

different wage rates

pursuant to seniority or

merit systems, systems

that measure earnings

by production quantity

or quality, or factors

other than sex (such as

education, training, or

experience) if these

factors are job-related

and consistent with

business necessity.

Employers cannot

inquire about

applicants' wage or

salary history, or direct

third parties to inquire

about applicants' wage

or salary history, unless

they disclose such

information voluntarily.

These provisions do not

apply to employers or

their agents if federal or

state law authorizes the

disclosure or

verification of such

information for

employment purposes.

Employers can inquire

about other elements of

an applicant's

compensation structure

as long as they do not

inquire about the value

of the elements of such

compensation

structure.

Wages means

compensation for labor

or services, regardless

of whether the amount

is calculated on a time,

task, piece,

commission, or other

basis.

Conn. Gen. Stat.

§ 31-40z

Employers cannot

discharge or otherwise

discriminate against

employees for opposing

discriminatory

compensation practices

or making complaints,

testifying, or assisting

in proceedings under

the Equal pay law.

Conn. Gen. Stat. § 31-

Employers that are

sued by the

Connecticut

Department of Labor

can be ordered to:

pay the difference

between the amount of

wages paid and the

maximum wage paid to

any other employee for

equal work;

pay compensatory

damages; and

pay punitive damages if

violations are

intentional or

committed with reckless

indifference to

employee rights under

the Equal pay law.

Employers that are

sued by employees can

be ordered to:

pay the difference

between the amount of

wages paid and the

maximum wage paid to

any other employee for

equal work;

pay compensatory

damages;

pay punitive damages if

violations are

intentional or

committed with reckless

indifference to

employee rights under

the Equal pay law;

pay attorneys' fees and

costs; and

comply with other court

orders.

Conn. Gen. Stat. §§ 31-

75 to 31-76

Equal pay law: Conn.

Gen. Stat. §§ 31-75 to

31-76

Fair employment

practices law: Conn.

Gen. Stat. §§ 46a-51,

46a-60, 46a-81c

Wage disclosure and

salary history:

https://www.cga.ct.gov/c

urrent/pub/chap_557.ht

mConn. Gen. Stat. §

31-40z

Connecticut Laws:

http://search.cga.state.ct

us/r/statute/dtsearch_f

orm.asp

Connecticut Department

of Labor:

http://www.ctdol.state.ct.

us/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 11

November 10, 2021

Connecticut

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Unless there is a bona fide occupational

qualification or need, employers cannot

discriminate in compensation based on race,

color, religious creed, age, sex, gender identity or

expression, marital status, national origin, or

ancestry; a present or past history of mental,

intellectual, learning, or physical disabilities,

including blindness; or veteran status, sexual

orientation, or civil union status. Employers and

employees also cannot aid, abet, incite, compel,

or coerce unlawful discriminatory acts or try to do

so.

Conn. Gen. Stat. §§ 46a-60 (see Smart Code®

for the latest cases), 46a-81c

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 12

November 10, 2021

Delaware

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages

Citing References

Delaware

Private employers are

covered by the Equal

pay law. Private

employers with four or

more employees are

covered by the law's

mandatory poster

provisions.

Del. Code

Ann. tit. 19, § 1101

Salary history: Public

and private employers

and their agents are

covered by the salary

history provisions.

Del. Code Ann. tit. 19, §

709B

Equal pay law:

Sex

Fair employment

practices law:

race, marital status,

genetic information,

color, age (40 and

older), religion, sex,

pregnancy, sexual

orientation, gender

identity, or national

origin.

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort, and

responsibility under similar work conditions in the

same workplace. If employers pay wage rate

differentials in violation of these prohibitions, they

cannot reduce any employee's wage rate to

comply with the prohibitions. Employers also

cannot make or use any private agreements with

employees to set aside or avoid the prohibitions.

Employers can pay different wage rates pursuant

to seniority or merit systems, systems that

measure earnings by production quantity or

quality, or any other factor besides sex.

Del. Code Ann. tit. 19, §§ 1107A, 1110

Statutory Language: Del. Code Ann. tit. 19, §

1107A. Differential rate of pay based on gender

prohibited

No employees shall be paid a wage at a rate less

than the rate at which an employee of the

opposite sex in the same establishment is paid for

equal work on a job the performance of which

requires equal skill, effort and responsibility, and

which is performed under similar working

conditions, except where payment is made

pursuant to a differential based on: A seniority

system; A merit system; A system which

measures earnings by quantity or quality of

production; or Any other factor other than sex;

provided, that an employer who is paying a wage

rate differential in violation of this subsection shall

not, in order to comply with this subsection,

reduce the wage rate of any employee.

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, marital status, genetic information,

color, age (40 and older), religion, sex,

pregnancy, sexual orientation, gender identity, or

national origin.

Employers can apply different compensation

standards pursuant to bona fide seniority or merit

systems, pursuant to systems that measure

earnings by production quantity or quality, or to

employees who work in different locations if these

differences are not caused by an intent to

discriminate based on those protected classes.

Del. Code Ann. tit. 19, § 711

N/A

Employers cannot:

screen applicants

based on their

compensation history,

including by requiring

that their prior

compensation satisfy

minimum or maximum

criteria; or

seek applicants'

compensation history

from them or their

current or former

employers.

Compensation includes

monetary wages,

benefits, and other

forms of compensation.

Employers can discuss

and negotiate

compensation

expectations with

applicants, but cannot

request or require their

compensation history.

Employers also can

confirm applicants'

compensation history

after they have

received and accepted

an offer of employment

that

includes the terms

of compensation. Del.

Code Ann. tit. 19, §

709B

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

make complaints or

give information to the

Delaware Department

of Labor pursuant to the

Equal pay law;

initiate or are about to

initiate any proceedings

under the law; or

testify or are about to

testify in such

proceedings.

Del. Code Ann. tit. 19,

§§ 1101, 1112

Employers that violate

the Equal pay law can

be ordered to pay a fine

of $1,000 to $5,000 for

each violation, unpaid

wages, liquidated

damages, reasonable

attorneys' fees, and

costs.

Del. Code Ann. tit. 19,

§§ 1112 to 1113

Coverage: Equal pay

law: Del. Code Ann. tit.

19, § 1101

Fair employment

practices law: Del. Code

Ann. tit. 19, §§ 710 to

711

Pay Discrimination

Prohibitions: Equal pay

law: Del. Code Ann.

tit.

19, §§ 1107A, 1110

Fair employment

practices law: Del. Code

Ann. tit. 19, § 711

Wage Disclosure: Fair

employment practices

law: Del. Code Ann. tit.

19, § 711

Salary History: Del.

Code Ann. tit. 19, §

709B

Retaliation Prohibition:

Equal pay law:

Del. Code Ann. tit. 19,

§§

1101, 1112

Penalties/Remedies:

Equal pay law: Del.

Code Ann. tit. 19, §§

1112 to 1113

Delaware Laws:

http://delcode.delaware

.gov/index.shtml

Delaware Department

of Labor:

http://www.delawarewor

ks.com

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 13

November 10, 2021

Florida

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Florida

Public and private

employers are covered

by the Equal pay law.

The law does not apply

to employers that are

subject to the

federal

Fair Labor Standards

Act.

Fla. Stat. §§ 1.01,

448.07

Wage payment law:

Public and private

employers with two or

more employees are

covered by the wage

payment law. The law

does not apply to

employers that are

subject to the federal

Fair Labor

Standards

Act.

Fla. Stat. § 448.07

Sex, marital status,

race

Equal pay law:

Employers cannot discriminate based on sex,

marital status, or race in providing equal pay for

equal work. Fla. Stat. § 725.07

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, pregnancy,

national origin, age, handicap, or marital status.

National origin includes ancestry. Employers can

take or fail to take any action based on religion,

sex, pregnancy, national origin, age, handicap, or

marital status if the action or inaction is justified

by a bona fide occupational qualification that is

reasonably necessary to job performance.

Employers can observe the terms of bona fide

seniority systems, bona fide employee benefit

plans (such as retirement, pension, or insurance

plans), or systems that measure earnings by

production quantity or quality if these terms are

not designed, intended, or used to evade the Fair

employment practices law. However, such

employee benefit plans or systems that measure

earnings cannot be used to justify a failure to hire

applicants based on factors unrelated to their job

performance ability. Such seniority systems,

employee benefit plans, or systems that measure

earnings also cannot be used to justify

employees' involuntary retirement based on

factors unrelated to their job performance ability.

These provisions do not prohibit employers from

rejecting applicants or discharging employees

who fail to meet their bona fide job requirements.

Fla. Stat. § 760.10

Wage payment law:

Employers cannot discriminate based on sex by

paying employees of one sex at wage rates that

are less than the wage rates paid to employees of

the opposite sex for equal work that requires

equal skill, effort, and responsibility under similar

working conditions. Wages include all

compensation paid by employers or their agents

for work performed by employees, including the

cash value of all compensation paid in any

medium other than cash. Wage rates are the

bases of compensation for work performed by

employees for employers, such as the amount of

time spent, number of operations accomplished,

and quality produced or handled.

Statutory Language: Fla. Stat. Ann. § 448.07. “(2)

Discrimination on basis of sex prohibited.—

Employers can pay

different wage rates

pursuant to:

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality; or

good-faith differentials

based on any

reasonable factor other

than sex.

Fla. Stat. § 448.07

N/A

See Fair employment

practices law.

Employers that violate

the Equal pay law can

be ordered to pay

compensatory

damages, punitive

damages, and

reasonable attorneys'

fees.

Fla. Stat. § 725.07

Equal pay law: Fla.

Stat. §§ 1.01, 448.07,

725.07

Fair employment

practices law: Fla. Stat.

§§ 760.02,

760.10

Florida Laws:

http://www.leg.state.fl.u

s/Statutes/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 14

November 10, 2021

Florida

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

(a) No employer shall discriminate between

employees on the basis of sex by paying wages

to employees at a rate less than the rate at which

he or she pays wages to employees of the

opposite sex for equal work on jobs the

performance of which requires equal skill, effort,

and responsibility, and which are performed under

similar working conditions, except when such

payment is made pursuant to: A seniority system;

A merit system; A system which measures

earnings by quantity or quality of production; or A

differential based on any reasonable factor other

than sex when exercised in good faith.

(b) No person shall cause or attempt to cause an

employer to discriminate against any employee in

violation of the provisions of this section.”

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 15

November 10, 2021

Georgia

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Georgia

Public and private

employers are covered

by the Equal pay law if

they have 10 or more

employees.

Ga. Code Ann. § 34-5-2

Sex

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort and

responsibility under similar working conditions in

the same workplace. Employers that violate the

Equal pay law cannot reduce any employee's

wage rate to comply with the law.

Statutory Language: Ga. Code Ann. § 34-5-3.

Prohibition of discrimination.

“(a) No employer

having employees subject to any provisions of this

chapter shall discriminate, within any

establishment in which such employees are

employed, between employees on the basis of

sex by paying wages to employees in such

establishment at a rate less than the rate at which

he pays wages to employees of the opposite sex

in such establishment for equal work in jobs which

require equal skill, effort, and responsibility and

which are performed under similar working

conditions, except where such payment is made

pursuant to (1) a seniority system, (2) a merit

system, (3) a system which

measures earnings by

quantity or quality of production, or (4) a differential

based on any other factor other than sex. An

employer who is paying a wage rate differential in

violation of this subsection shall not, in order to

comply with this subsection, reduce the wage rate

of any employee.”

Employers can pay

different wage rates

pursuant to seniority,

merit or piece-rate

systems or any

factor

other than sex. Ga.

Code Ann. §§ 34-5-2,

34-5-3

N/A

Employers cannot

discharge or otherwise

discriminate against

employees because

they file complaints or

participate in

investigations, hearings

or other proceedings

under the Equal pay

law.

Ga. Code Ann. § 34-5-3

Employers that violate

the Equal pay law can

be fined up to

$100. Employers that

are sued can be

ordered to pay any

wages owed to

employees, plus

reasonable attorneys'

fees and costs.

Ga. Code Ann. §§

34-5-

3, 34-5-5

Coverage: Ga. Code

Ann. § 34-5-2

Pay Discrimination

Prohibitions: Ga. Code

Ann. §§ 34-5-2 to

34- 5-

Retaliation Prohibition:

Ga. Code Ann. § 34-5-3

Penalties/Remedies:

Ga. Code Ann. §§ 34-5-

3, 34-5-5 Georgia

Laws:

http://www.georgia.gov

Georgia Department of

Labor:

https://dol.georgia.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 16

November 10, 2021

Hawaii

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Hawaii

Private employers and

their agents are

covered by the Equal

pay law. The law does

not apply to employees

who work:

for guaranteed

compensation totaling

$2,000 or more per

month;

for their brother, sister,

brother-in-law, sister-in-

law, son, daughter,

spouse, parent, or

parent-in-law;

in a bona fide

executive,

administrative,

supervisory, or

professional capacity;

in a position where their

minimum wage or their

maximum hours without

overtime pay are

determined by the

federal Fair

Labor

Standards Act or Hawaii

law; or

in specific positions that

are excluded from the

definition of “employee”

in Haw. Rev. Stat. §

387-1.

Haw. Rev. Stat. § 387-1

Equal Pay:

Sex, race, religion

Fair employment

practices law:

Sex

Equal pay law:

Employers cannot discriminate in the payment of

wages based on race, religion, or sex. Wages do

not include tips or gratuities. Employers that pay

wage rate differentials in violation of the Equal pay

law cannot reduce any employee's wage rate to

comply with the law. The law cannot be

contravened or set aside through a private

agreement.

Fair employment practices law:

Employers cannot discriminate against employees

based on sex by paying employees of one sex at

wage rates that are less than those paid to

employees of the opposite sex for equal work that

requires equal skill, effort, and responsibility

under similar work conditions in the same

establishment.

Employers also cannot discriminate in

compensation based on:

race, gender identity or expression, sexual

orientation, age, religion, color, disability, marital

status, or arrest and court records;

sex, which includes pregnancy, childbirth, or

related medical conditions;

reproductive health decisions;

ancestry, which includes national origin;

employees' status as victims of domestic or sexual

violence if they notify employers, or employers

have actual knowledge, of this status; or

employees' credit history or credit report.

Employers and their employees cannot aid, abet,

incite, compel, or coerce unlawful discriminatory

practices or try to do so. Haw. Rev. Stat. §§ 378-1

to 378-2.3, 378-3

Haw. Code R. 12-46-1, 12-46-183

Statutory Language: Haw. Rev. Stat. Ann. § 378-

2.3. Equal pay; sex discrimination

“(a) No employer shall discriminate between

employees because of sex, by paying wages to

employees in an establishment at a rate less than

the rate at which the employer pays wages to

employees of the opposite sex in the

establishment for equal work on jobs the

performance of which requires equal skill, effort,

and responsibility, and that are performed under

similar working conditions. Payment differentials

resulting from:

A seniority system; A merit system;

A system that measures earnings by quantity or

quality of production; A bona fide occupational

qualification; or A differential based on any other

Equal Pay:

Employers can vary

wage rates for

employees in the same

work classification

based on seniority,

length of service, shift

or time of day worked,

work hours, or

substantial differences

in duties or services

performed.

Haw. Rev.

Stat. §§ 387-1, 387-4 to

387-4.5

Fair employment

practices law:

Employers can pay

wage differentials

based on:

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality;

bona fide occupational

qualifications; or

other permitted factors

besides sex.

The Fair employment

practices law does not

affect the terms or

conditions of employer-

provided bona fide

retirement, pension,

employee benefit, or

insurance plans that

are not intended to

evade the law's

purpose.

Fair employment

practices law:

Employers and their

employees or agents

cannot inquire about

applicants' salary

history. Employers and

their employees or

agents also cannot rely

on applicants' salary

history to determine

their salary, benefits, or

other compensation

during the hiring

process, including

employment contract

negotiations.

Employers and their

employees or agents

can, without inquiring

about salary history,

engage in discussions

with applicants about

their expectations

regarding salary,

benefits, and other

compensation. If

applicants disclose

their salary history

voluntarily and without

prompting, employers

and their employees or

agents can verify that

history and consider it

in determining

applicants' salary,

benefits, and other

compensation.

The salary history

provisions do not apply

to attempts by

employers and their

employees or

applicants to verify

applicants' disclosure of

non-salary-related

information or to

conduct background

checks. If these

verifications or checks

disclose applicants'

salary history, however,

that disclosure cannot

Employers and their

agents can't discharge

or otherwise

discriminate against

employees because

they:

complain to employers,

the Hawaii Department

of Labor and Industrial

Relations, or anyone

else about their wages

not being paid in

accordance with the

Equal pay law;

initiate or trigger any

proceedings related to

the Equal pay law; or

testify or are about to

testify in those

proceedings.

Haw. Rev. Stat. §§ 387-

1, 387-12

Employers can be

ordered to stop acts or

practices that violate or

will violate the Equal

pay law and to comply

with the law.

Employers that willfully

violate the law or

related orders are guilty

of a misdemeanor and

fined $50 to $500

and/or imprisoned for

up to one year. The

same penalty applies to

employers and their

agents who pay or

agree to pay

employees less than

what they are entitled to

under the law. That

penalty also applies to

employers and their

agents who violate the

law's retaliation

prohibition.

Haw. Rev. Stat. § 387-

Coverage: Equal pay

law: Haw. Rev. Stat. §

387-1

Fair employment

practices law: Haw.

Rev. Stat. §§

378-1 to

378-2, 378-3

Pay Discrimination

Prohibitions: Equal pay

law:

Haw. Rev. Stat.

§§ 387-1, 387-4 to 387-

4.5

Fair employment

practices law: Haw.

Rev. Stat.

§§ 378-1 to

378-2.3, 378-3

Haw. Code R. 12-46-1,

12-46-183

Wage Disclosure: Fair

employment practices

law: Haw. Rev. Stat. §

378-2.3

Salary History: Fair

employment practices

law:

Haw. Rev. Stat.

§ 378-2.4

Retaliation Prohibition:

Equal pay law: Haw.

Rev. Stat. §§ 387-1,

387-12

Penalties/Remedies:

Equal pay law: Haw.

Rev. Stat. § 387-12

Hawaii Laws:

http://www.capitol.hawa

ii.gov/

Hawaii Department of

Labor and Industrial

Relations: http:

//labor.hawaii.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 17

November 10, 2021

Hawaii

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

permissible factor other than sex [,] do not violate

this section.

(b) An employer shall not retaliate or discriminate

against an employee for, nor prohibit an employee

from, disclosing the

employee's wages, discussing

and inquiring about the wages of other

employees, or aiding or encouraging other

employees to exercise their rights under this

section.”

be relied on to

determine their salary,

benefits, or other

compensation during

the hiring process,

including employment

contract negotiations.

Applicants do not

include applicants for

an internal transfer or

promotion with their

current employer.

Inquire means

communicating written,

verbal, or other

questions or

statements to

applicants, their current

or former employers, or

the current or former

employees or agents of

those employers to

obtain applicants' salary

history. It also means

conducting searches of

publicly available

records or reports to

obtain applicants' salary

history. It does not

include informing

applicants, in writing or

otherwise, about a

position's proposed or

anticipated salary or

salary range.

Salary history includes

applicants' current or

prior salary, benefits,

and other

compensation, but

does not include

objective productivity

measures such as

revenue or sales

reports. Haw. Rev.

Stat. § 378-2.4

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 18

November 10, 2021

Idaho

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Idaho

Public and private

employers are covered

by the Equal pay law.

https://legislature.idaho.

gov/statutesrules/idstat/ti

tle44/t44ch17/sect44-

1701/

Idaho Code Ann. § 44-

1701

Equal pay law: Sex

Fair employment

practices law: race,

color, religion, sex,

national origin, age,

disability

Equal pay law:

Employers cannot discriminate against employees

in the same establishment based on sex.

Specifically, employers cannot pay employees of

one sex wage rates that are lower than the wage

rates paid to employees of the opposite sex for

comparable work that requires comparable skill,

effort, and responsibility.

Statutory Language: Idaho Code Ann. § 44-1702.

Discriminatory payment of wages based upon sex

prohibited

“(1) No employer shall discriminate between or

among employees in the same establishment on

the basis of sex, by paying wages to any

employee in any occupation in this state at a rate

less than the rate at which he pays any employee

of the opposite sex for comparable work on jobs

which have comparable requirements relating to

skill, effort and responsibility. Differentials which

are paid pursuant to established seniority systems

or merit increase systems, which do not

discriminate on the basis of sex, are not within

this prohibition.”

“(2) No person shall cause or attempt to cause an

employer to discriminate against any employee in

violation of this act.”

“(3) No employer may discharge or discriminate

against any employee by reason of any action

taken by such employee to invoke or assist in any

manner the enforcement of this act.”

Fair employment practices law:

Employers cannot discriminate against employees

in compensation based on race, color, religion,

sex, national origin, age, or disability. They also

cannot reduce any employee's wages to comply

with this prohibition. Employers can observe the

terms of bona fide seniority systems if they are not

used to evade the purposes of the Fair

employment practices law.

Idaho Code Ann. § 67-

5909

Employers can pay

differentials pursuant to

established seniority

systems or merit

increase systems that

do not discriminate

based on sex.

Idaho

Code Ann. §§ 44-1701

to 44-1702

N/A

Employers cannot

discharge or otherwise

discriminate against

employees because

they file complaints or

participate in

proceedings under the

Equal pay law.

Idaho Code Ann. § 44-

1702

Employers that are

sued can be ordered to:

stop discriminatory

practices;

pay unpaid wages to

which employees are

entitled;

pay additional

liquidated damages

equal to the amount of

unpaid wages for willful

violations;

pay reasonable

attorneys' fees and

costs; and

comply with other court

orders, including orders

to reinstate employees.

Idaho Code Ann. § 44-

1704

Coverage: Equal pay

law: Idaho Code Ann. §

44-1701

Fair employment

practices law: Idaho

Code Ann. §§ 67-5902,

67-5909 to 67-5910

Pay Discrimination

Prohibitions: Equal pay

law: Idaho Code Ann.

§§ 44-1701 to 44-1702

Fair employment

practices law: Idaho

Code Ann. § 67-5909

Retaliation Prohibition:

Equal pay law: Idaho

Code Ann. § 44-

1702

Penalties/Remedies:

Equal pay law: Idaho

Code Ann. § 44-1704

Idaho Laws:

https://legislature.idaho

.gov/statutesrules/idstat

/ Idaho Department of

Labor, Human Rights

Commission: https:

//humanrights.idaho.go

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 19

November 10, 2021

Illinois

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Illinois

Public and private

employers with

employees in Illinois

are covered by Illinois

Equal pay law.

Employees do not

include independent

contractors. The law

also applies to

employers' officers or

agents who willfully and

knowingly permit

employers to evade

final judgments or final

awards under the law.

820 Ill. Comp. Stat.

112/5, 112/27; Ill.

Admin. Code tit. 56, §§

320.120 to 320.130

Equal wage law:

Manufacturing

employers with six or

more employees in

Illinois are covered by

the equal wage law.

820 Ill. Comp. Stat.

110/1

Equal pay law: Sex,

African Americans

Fair employment

practices law: sex,

physical or mental

disability

Equal pay law:

Employers cannot discriminate based on sex in

the payment of wages. Specifically, employers

cannot pay wage rates to employees of one sex

that are lower than wage rates paid to employees

of the opposite sex for the same or substantially

similar work that requires, until Sept. 29, 2019,

equal skill, effort, and responsibility and is

performed under similar work conditions. Effective

Sept. 29, 2019, employers cannot pay wage rates

to employees of one sex that are lower than wage

rates paid to employees of the opposite sex that

are lower than wage rates paid to other

employees for the same or substantially similar

work that requires substantially similar skill, effort,

and responsibility and is performed under similar

work conditions.

Employers cannot discriminate against African

Americans in the payment of wages. Specifically,

employers cannot pay wage rates to African-

American employees that are lower than wage rates

paid to other employees for the same or

substantially similar work that requires, until Sept.

29, 2019, equal skill, effort, and responsibility and

is performed under

similar work conditions.

Effective Sept. 29, 2019, employers cannot pay

wage rates to African-American employees that

are

lower than wage rates paid to other employees for

the same or substantially similar work that

requires substantially similar skill, effort, and

responsibility and is performed under similar work

conditions.

Employers that pay wages to employees in

violation of these prohibitions cannot reduce other

employees' wages to achieve compliance.

Wage means any compensation for employment,

regardless of whether it is paid periodically or

deferred until a later date. It includes wage, salary,

commission, bonus, profit-sharing, and pension

payments; vacation, holiday, sick, overtime, and

premium pay; health, life, and disability insurance

benefits; cafeteria plan and education benefits;

and uniform, hotel, and vehicle expenses.

Substantially similar work means comparable work

on jobs that require comparable skill, effort, and

responsibility. The focus is on actual job

requirements and genuine differences in how work

is performed, rather than job classifications or

titles.

Equal pay law:

Employers can pay

different wage rates

pursuant to:

seniority systems;

established, bona fide,

uniform, and objective

merit systems that

reward employees with

promotions, bonuses,

pay raises, or other

advantages based on

competence, expertise,

proficiency, and human

relations;

systems that measure

earnings by production,

quantity, or quality; or

differentials that are not

based on sex, race, or

other factors protected

under Illinois Fair

employment practices

law (775 Ill. Comp.

Stat. Ann. 5/1-101 et

seq.), provided,

effective Sept. 29,

2019, that the factor is

not based on a

compensation

differential based on

sex or another

protected characteristic,

is job-related and

consistent with a

business necessity,

and accounts for the

compensation

differential.

Employers also can

pay different wage

rates to employees

who work in different

counties for work that

requires equal skill,

effort, and responsibility

and is performed under

similar work conditions.

820 Ill. Comp. Stat.

112/10 (2019 Ill. Laws

101-

0177 (H.B. 834)); Ill.

Admin. Code tit. 56, §

320.120.

Equal pay law: Effective

Sept. 29, 2019, it is

unlawful for an

employer, employment

agency, or employee or

agent thereof to:

screen job applicants

based on their current

or prior wages or salary

histories, including

benefits or other

compensation, by

requiring that the wage

or salary history of an

applicant satisfy

minimum or maximum

criteria;

request or require a

wage or salary history

as a condition of being

considered for

employment, as a

condition of being

interviewed, as a

condition of continuing

to be considered for an

offer of employment, as

a condition of an offer

of employment or an

offer of compensation;

request or require that

an applicant disclose

wage or salary history

as a condition of

employment.

An employer also may

not lawfully seek the

wage or salary history,

including benefits or

other compensation, of

a job applicant from the

applicant's current or

former employer,

unless:

the job applicant's wage

or salary history is a

matter of public record

under the Freedom of

Information Act, or any

other equivalent State or

federal law;

the job applicant's

wage or salary history

Employers cannot

interfere with, restrain,

or deny employees'

exercise of any rights

under the Equal pay

law. Employers also

cannot discharge or

otherwise discriminate

against employees

because they:

ask about, disclose,

compare, or otherwise

discuss their wages or

other employees'

wages;

aid or encourage other

employees to exercise

their rights under the

Equal pay law;

file charges or initiate

proceedings related to

the law;

give or are about to

give information in

connection with

inquiries or

proceedings related to

the law;

testify or are about to

testify in inquiries or

proceedings related to

the law; or

effective Sept. 29,

2019, fail to comply

with any wage or salary

history inquiry.

Employers and their

agents also cannot

knowingly discharge or

otherwise discriminate

against employees

because they:

complain to employers

or the Illinois

Department of Labor

about violations of the

Fair employment

practices law;

initiate proceedings

related to the Equal pay

law or consult counsel

for this purpose;

testify or are about to

testify in investigations

Employers that are

sued by the Illinois

Department of Labor

can be fined and

ordered to pay the

amount of unpaid

wages plus costs.

Depending on their

business size and the

seriousness of

violations:

employers with fewer

than four employees

can be fined up to

$500 per affected

employee for a first

offense, up to $2,500

per affected employee

for a second offense

and up to $5,000 per

affected employee for a

subsequent offense;

and

employers with four or

more employees can

be fined up to

$2,500 per affected

employee for a first

offense, up to $3,000

per affected employee

for a second offense

and up to $5,000 per

affected employee for a

subsequent offense.

Employers that are

sued by employees can

be ordered to pay the

amount of unpaid

wages plus interest,

reasonable attorneys'

fees and costs, and,

effective Sept. 29,

2019, compensatory

damages if the

employee shows the

employer acted with

malice or reckless

indifference, and

punitive damages and

injunctive relief as may

be appropriate.

If employers fail to pay

unpaid wages within 15

calendar days after

Coverage: Equal pay

law:820 Ill. Comp. Stat.

112/5, 112/27; Ill.

Admin. Code tit. 56, §§

320.120 to 320.130

Fair employment

practices law: 775 Ill.

Comp. Stat. 5/1-103 to

5/2-102 (2019 Ill. Laws

101-0430 (H.B. 252))

Pay Discrimination

Prohibitions: Equal pay

law:

820 Ill. Comp.

Stat.

112/10 (2019 Ill. Laws

101-0177 (H.B. 834)); Ill.

Admin.

Code tit. 56, § 320.120

Fair employment

practices law: 775 Ill.

Comp. Stat. 5/1-101.1

5/2-104; Ill. Admin.

Code tit. 56, § 5210.50

Wage Disclosure:

Equal pay law: 820 Ill.

Comp. Stat. 112/10

(2019 Ill. Laws 101-

0177 (H.B. 834))

Salary History: Equal

pay law: 820 Ill. Comp.

Stat. 112/10 (2019 Ill.

Laws 101-0177(H.B.

834))

Retaliation Prohibition:

Equal pay law: 820 Ill.

Comp. Stat. 112/5 to

112/10 (2019 Ill. Laws

101-0177 (H.B. 834)),

112/35

Penalties/Remedies:

Equal pay law:

820 Ill.

Comp. Stat. 112/5,

112/30 to 112/35 (2019

Ill. Laws 101-0177

(H.B. 834)); Ill.

Admin. Code tit. 56, §§

320.100, 320.120,

320.340

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 20

November 10, 2021

Illinois

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Skill means experience, training, education, and

ability that are needed to meet the job

requirements.

Effort is physical or mental exertion needed to

perform the total requirements of the job. Factors

that cause or alleviate fatigue on the job are

considered in determining effort. Occasional or

sporadic activities that require extra exertion do

not justify a finding of equal or unequal effort.

Responsibility is the degree of accountability

required to perform the job. Minor or occasional

responsibilities that are not significant or important

do not justify a finding of equal or unequal

responsibility.

Similar work conditions are surroundings (such as

toxic chemicals or fumes) and physical hazards

that employees regularly encounter. Frequency

and intensity are considered in determining

whether work conditions are similar. Slight or

inconsequential differences do not justify wage

differentials if employers (or collective bargaining

negotiations if applicable) do not usually take

them into account when setting wage rates. Jobs

in different departments or locations are not

necessarily performed under dissimilar work

conditions.

Statutory Language: 820 Ill. Comp. Stat. Ann.

112/10. §10 Prohibited acts.

“(a) No employer may discriminate between

employees on the basis of sex by paying wages to

an employee at a rate less than the rate at which

the employer pays wages to another employee of

the opposite sex for the same or substantially

similar work on jobs the performance of which

requires substantially similar skill, effort, and

responsibility, and which are performed under

similar working conditions, except where the

payment is made under: a seniority system; a

merit system; a system that measures earnings by

quantity or quality of production; or a differential

based on any other factor other than: (i) sex or (ii)

a factor that would constitute unlawful

discrimination

under the Illinois Human Rights Act,1

provided that the factor: (A) is not based on or

derived from a differential in

compensation based

on sex or another protected characteristic; (B) is

job-related with respect to the position and

consistent with a business necessity; and (C)

accounts for the differential.”

Fair employment practices law:

Fair employment

practices:

Employers can apply

different compensation

standards pursuant to

merit or retirement

systems, unless these

systems or their

administration

effectively violate the

Fair employment

practices law or are

used to evade it. 775

Ill.

Comp. Stat. 5/1-101.1

to 5/2-104; Ill. Admin.

Code tit. 56, § 5210.50.

Equal wage law:

Employers cannot pay

manufacturing

employees unequal

wages for equal work,

by time or piecework,

unless variations in pay

rates are: based on

seniority, experience,

training, skill, or ability;

based on regular or

occasional duties or

services performed;

based on availability for

other operations; based

on any other

reasonable

classification besides

sex; or authorized by

contracts between

employers and

recognized bargaining

agents. 820 Ill. Comp.

Stat. 110/1

Employers can pay

different wage rates

pursuant to: seniority or

merit systems; systems

that measure earnings

by production quantity

or quality; or

differentials based on

factors other than sex

and mental or physical

disability.

is contained in a

document completed

by the applicant's

current or former

employer and then

made available to the

public by the employer,

or submitted or posted

by the employer to

comply with State or

federal law; or

the job applicant is a

current employee and

is applying for a

position with the same

current employer.

Nothing in these

provisions prevents an

employer, employment

agency, or employee or

agent thereof from:

providing information

about the wages,

benefits, compensation,

or salary offered in

relation to a position; or

engaging in discussions

with a job applicant

about the applicant's

expectations with

respect to wage or

salary, benefits, and

other compensation.

An employer does not

violate these provisions

when a job applicant

makes a voluntary

wage or salary history

disclosure, provided the

employer does not rely

on the voluntary

disclosure when

determining whether to

offer the applicant

employment, making a

compensation offer, or

determining future

wages, salary, benefits,

or other compensation.

820 Ill. Comp. Stat.

112/10 (2019 Ill. Laws

101-0177 (H.B. 834))

or proceedings under

the law; or

offer any evidence of

violations of the law.

820 Ill. Comp. Stat.

112/5 to 112/10 (2019

Ill. Laws 101-0177

(H.B. 834)), 112/35

payment is required by

the department or

ordered by a court,

they must pay

employees an

additional 1 percent of

unpaid wages for each

calendar day that

payment is delayed.

The amount of this

penalty cannot exceed

twice the sum of unpaid

wages due to

employees.

Wage disclosure and

salary history violations

(effective Sept.

29,

2019): A civil action may

be brought against an

employer

for violations

of the wage disclosure

or salary history

provisions within five

years from the date of

the violation. An

employer found to have

violated these

provisions may be

ordered to pay the

employee:

any damages incurred;

special damages not to

exceed $10,000;

injunctive relief as may

be appropriate; and

reasonable attorneys'

fees and costs

necessary to make the

employee whole, as

determined by the

court.

An employee that

receives special

damages may only

recover compensatory

damages to the extent

that they exceed the

special damages

amount. Employers

that violate these

provisions may also be

ordered to pay a civil

penalty of up to

Illinois Laws:

http://www.ilga.gov/legisl

ation/ilcs/ilcs.asp

Illinois

Regulations:

http://www.ilga.

gov/commission/jcar/ad

mincode/titles.html

Illinois Department of

Labor:

http://www.state.il.us/ag

ency/idol/ Illinois

Department of Human

Rights:

http://www2.illinois.

gov/dhr/Pages/default.

aspx

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 21

November 10, 2021

Illinois

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Employers cannot discriminate based on sex in

negotiating or establishing wages, benefits, or

other compensation. Employers also cannot

differentiate wages or benefits based on sex

among employees performing the same or

substantially similar work under similar work

conditions. In addition, employers cannot aid,

abet, compel, or coerce anyone to violate the Fair

employment practices law.

Agreements and waivers (effective Jan. 1, 2020):

Certain agreements, clauses, covenants, and

waivers related to Fair employment practices law

are invalid. For more information, see

“Agreements and Waivers” in Illinois Equal

Employment Opportunity.

Minimum wage law:

Employers cannot discriminate based on sex in

the payment of wages. Specifically, employers

cannot pay wage rates to employees of one sex

that are lower than wage rates paid to employees

of the opposite sex for the same or substantially

similar work that requires equal skill, effort, and

responsibility and is performed under similar work

conditions.

Employers cannot discriminate based on mental

or physical disability in the payment of wages.

Specifically, employers cannot pay wage rates to

employees with disabilities that are lower than

wage rates paid to employees without disabilities

for the same or substantially similar work that

requires equal skill, effort, and responsibility and

is performed under similar work conditions.

Employers can pay a subminimum wage to

employees with disabilities under certain

conditions. For more information, see “Amount of

Subminimum Wage” in Illinois Minimum Wage.

820 Ill. Comp. Stat. 105/4

Wages of Women and Minors Act: Employers

cannot employ women (age 18 or older) or minors

(under age 18) in Illinois

at an oppressive and

unreasonable wage that is less than the fair and

reasonable value of services rendered and

insufficient to meet the minimum cost of living

necessary for their health. Any contract, agreement,

or understanding

related to such employment is

null and void.

Employers and corporate officers or agents cannot

pay or agree to pay women or minors less than

the rates applicable to them under a mandatory

$5,000 per affected

employee for each

violation, depending on

their business size and

the seriousness of

violations.

Retaliation prohibition:

Employers that violate

the retaliation

prohibition are fined up

to $5,000 per affected

employee for each

violation, depending on

their business size and

the seriousness of

violations. Employers

and their agents who

commit knowing

violations can be

ordered to pay back

and front pay, restore

the value of lost

benefits, pay an

additional equal

amount as liquidated

damages and comply

with other remedies.

820 Ill. Comp. Stat.

112/5, 112/30 to 112/35

(2019 Ill. Laws

101-

0177 (H.B. 834)); Ill.

Admin. Code tit. 56, §§

320.100,

320.120, 320.340

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 22

November 10, 2021

Illinois

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

minimum fair wage order. Employers can employ

women or minors at subminimum fair wage rates

under certain conditions if their earning capacity is

impaired by age or by physical or mental

deficiency or injury.

820 Ill. Comp. Stat. 125/1 to 125/2, 125/8, 125/15

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 23

November 10, 2021

Indiana

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Indiana

Public and private

employers are covered

by the Equal pay law if

they have two or more

employees. The law

does not apply to

employers that are

subject to the

federal

Fair Labor Standards

Act.

Ind. Code § 22-2-2-3

Sex

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort, and

responsibility under similar working conditions in

the same workplace. Employers that violate the

Equal pay law cannot reduce any employee's

wage rate to comply with the law.

Statutory Language: Ind. Code Ann. § 22-2-2-4.

Minimum wage; discrimination; tip credits; overtime

pay; exceptions; domestic service; railway or other

carrier; remedial education (effective April 1, 2020)

“(a) No employer having employees subject to any

provisions of this section shall discriminate, within

any establishment in which employees are

employed, between employees on the basis of

sex by paying to employees in such

establishment a rate less than the rate at which

the employer pays wages to employees of the

opposite sex in such establishment for equal work

on jobs the performance of which requires equal

skill, effort, and responsibility, and which are

performed under similar working conditions,

except where such payment is made pursuant to:

(1) a seniority system; a merit system; a system

which measures earnings by quantity or quality of

production; or a differential based on any other

factor other than sex.

(b) An employer who is

paying a wage rate differential in violation of

subsection (a) shall not, in order to comply with

subsection (a), reduce the wage rate of any

employee, and no labor organization, or its

agents, representing employees of an employer

having employees subject to subsection (a) shall

cause or attempt to cause such an employer to

discriminate against an employee in violation of

subsection (a).”

Employers can pay

different wage rates

pursuant to seniority,

merit, or piece-rate

systems or any factor

other than sex.

Ind. Code § 22-2-2-4

N/A

Employers that violate

the Equal pay law are

guilty of a class C

infraction and fined up

to $500, imprisoned for

up to 60 days, or both.

For a subsequent

violation, employers

are guilty of a class B

misdemeanor and fined

up to $1,000,

imprisoned for up to

180 days, or both.

Employers that

knowingly or

intentionally violate the

law are guilty of a class

A infraction

and fined up

to $5,000, imprisoned

for up to one year, or

both. Employers that

are sued also can be

ordered to pay the

balance of wages due,

plus liquidated

damages of an equal

amount, reasonable

attorneys' fees, and

court costs.

Ind. Code §§ 22-2-2-9,

22-2-2-11

Coverage: Ind. Code §

22-2-2-3

Pay Discrimination

Prohibitions: Ind. Code

§ 22-2-2-4

Penalties/Remedies:

Ind. Code §§ 22-2-2-9,

22-2-2-11

Indiana Laws:

http://www.ai.org/legisla

tive/ic/code/ Indiana

Department of Labor:

https://www.in.gov/dol/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 24

November 10, 2021

Iowa

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Iowa

See Fair employment

practices law.

Age, race, creed, color,

sex, sexual orientation,

gender identity,

national origin, religion,

or disability

Employers cannot discriminate in pay based on

age, race, creed, color, sex, sexual orientation,

gender identity, national origin, religion, or

disability. Specifically, employers cannot pay

wages to employees in a protected class at rates

that are less than the rates paid to other

employees for equal work that requires equal skill,

effort, and responsibility under similar working

conditions in the same establishment. Such pay

discrimination occurs when discriminatory pay

decisions or other practices are adopted; when

employees become subject to these decisions or

practices; and when employees are affected by

the application of the decisions or practices,

including each time wages, benefits, or other

compensation are paid.

Employers cannot remedy these violations by

reducing any employees' wage rate.

Employers and their employees cannot

intentionally aid, abet, compel, or coerce anyone

to commit unlawful discriminatory practices.

Iowa Code §§ 216.6A (see Smart Code® for the

latest cases), 216.11

Statutory Language: Iowa Code Ann. § 216.6A

Additional unfair or discriminatory practice--wage

discrimination in

employment

“2. a. It shall be an unfair or discriminatory practice

for any employer or agent of any employer to

discriminate against any employee because of the

age, race, creed, color, sex, sexual orientation,

gender identity, national origin, religion, or

disability of such employee by paying wages to

such employee at a rate less than the rate paid to

other employees who are employed within the

same establishment for equal work on jobs, the

performance of which requires equal skill, effort,

and responsibility, and which are performed under

similar working conditions. An employer or agent of

an employer who is

paying wages to an employee

at a rate less than the rate paid to other

employees in violation of this section shall not

remedy the violation by reducing the wage rate of

any employee.

b. For purposes of this subsection, an unfair or

discriminatory practice occurs when a

discriminatory pay decision or other practice is

adopted, when an individual becomes subject to a

discriminatory pay decision or other practice, or

when an individual is affected by application of a

discriminatory pay decision or other practice,

including each time wages, benefits, or other

compensation is paid, resulting in whole or in part

from such a decision or other practice.

N/A

See Fair employment

practices law.

For violations of the pay

discrimination

provisions, damages

include reasonable

attorneys' fees, court

costs, and an amount

equal to two times

(three times for willful

violations) the wage

differential owed to

employees for the

period when they were

subject to unlawful pay

discrimination.

[Note: The Iowa

Supreme Court clarified

that employees cannot

seek damages under

the law's pay

discrimination

provisions (Iowa Code

§ 216.6A

) for wage

payments that

occurred

before April 28, 2009,

when the provisions

were

enacted. The

court also found that

employees can seek

damages for wage

claims under the law's

general discrimination

provisions (Iowa Code

§ 216.6) in addition to

the pay discrimination

provisions; however,

these damages are

limited to wage

payments that occurred

within 300 days before

they filed a complaint

with the Iowa Civil

Rights Commission

(Dindinger v. Allsteel

Inc., 860 N.W.2d 557

(2015).]

Iowa Code § 216.15

Coverage: Iowa Code

§§ 216.2, 216.6A

Iowa

Admin. Code r. 161-2.1

Pay Discrimination

Prohibitions: Iowa Code

§§ 216.6A, 216.11

Penalties/Remedies:

Iowa Code § 216.15

Iowa Laws:

https://www.legis.iowa.g

ov/law/iowaCode

Iowa

Regulations:

https://www.legis.iowa.

gov/law/administrativer

ules

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 25

November 10, 2021

Iowa

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

It shall be an affirmative defense to a claim arising

under this section if any of the following applies:

Payment of wages is made pursuant to a seniority

system.

Payment of wages is made pursuant to a merit

system.

Payment of wages is made pursuant to a system

which measures earnings by quantity or quality of

production.

Pay differential is based on any other factor other

than the age, race, creed, color, sex, sexual

orientation, gender identity, national origin,

religion, or disability of such employee.

4. This section shall not apply to any employer

who regularly employs less than four individuals.

For purposes of this subsection, individuals who

are members of the employer's family shall not be

counted as employees.”

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 26

November 10, 2021

Kansas

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Kansas

Private and public

employers, excluding

the federal

government, are

covered by the Equal

pay law. The law does

not apply to employers

that are subject to the

federal Fair Labor

Standards Act;

employees who work in

a bona fide executive,

administrative or

professional capacity;

and employees who

are 18 years of age or

younger and work on

an occasional or part-

time basis.

Kan. Stat. Ann. § 44-

1202

Equal pay law: sex

Fair employment

practices law: race,

religion, color, sex,

disability, national

origin, ancestry, or age

(40 or older)

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort and

responsibility under similar working conditions in

the same workplace. Employers also cannot

make sex-based distinctions in paying wages or

setting hours.

Statutory Language Kan. Stat. Ann. § 44-1205.

Same; discrimination in payment of wages within

establishment between

sexes prohibited;

exceptions

“On and after January 1, 1978, no employer

having employees of both sexes shall

discriminate, within any establishment in which

such employees are employed, between

employees on the basis of sex by paying wages

to employees in such establishment at a rate less

than the rate of wages paid to employees of the

opposite sex in such establishment for equal work

on jobs, the performance of which requires equal

skill, effort and responsibility, and which are

performed under

similar working conditions, except

where such payment is made pursuant to: (a) A

seniority system; (b) a merit system; (c)

a system

which measures earnings by quantity or quality of

production; or (d) a differential based on a factor

other than

sex. An employer who is paying wage

rate differential in violation of this section shall not

be required, in order to comply

with the provisions

of this section, to reduce the wage rate of any

employee.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, religion, color, sex, disability,

national origin, ancestry, or age (40 or older).

Kan. Stat. Ann.§§ 44-1009, 44-1113

Employers can pay

different wage rates

pursuant to seniority,

merit or piece-rate

systems or any

reasonable factor other

than sex.

Kan. Stat. Ann. § 44-

1205 Kan. Admin. Regs.

21-32-1

N/A

Employers cannot

discharge or otherwise

discriminate against

employees who file

complaints or

participate in

investigations, hearings

or other anti-

discrimination

proceedings.

Kan. Stat. Ann. § 44-

1210

Employers that are

sued can be ordered to

pay the balance of

wages to which

employees are entitled,

reasonable attorneys'

fees and costs.

Employers that violate

the Equal pay law,

falsify records or

retaliate against

employees also can be

fined

$200 to $1,000.

Kan. Stat. Ann. §§ 44-

1208, 44-1210, 44-1211

Coverage: Equal pay

law: Kan. Stat. Ann. §

44-1202

Fair employment

practices law: Kan. Stat.

Ann. 44-1002, 44-

1112

Pay Discrimination

Prohibitions: Equal pay

law: Kan. Stat. Ann.

§ 44-1205

Kan. Admin. Regs. 21-

32-1

Fair employment

practices law: Kan. Stat.

Ann.§§ 44-1009, 44-

1113

Retaliation Prohibition:

Kan. Stat. Ann. § 44-

1210

Penalties/Remedies:

Equal pay law:

Kan.

Stat. Ann. §§ 44-1208,

44-1210, 44-1211

Kansas Laws:

http://www.kslegislature.

org/li/statute/

Kansas

Regulations:

http://www.kssos.org/

Kansas Department of

Labor:

http://www.dol.ks.

gov/home/html/about_

ALL.html

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 27

November 10, 2021

Kentucky

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages

Citing References

Kentucky

Public and private

employers (and their

agents) are

covered by

the

Equal pay law if they

have

two or more

employees

in the

state in

each of 20 or more

calendar

weeks in the

current or preceding

calendar

year. The law

does not apply to

employers if they are

subject to the

federal Fair

Labor Standards Act, the

FLSA's requirements are

comparable to

or greater

than the

Equal pay law's

requirements, and they

file a statement

with the

Kentucky Department of

Workplace Standards

regarding their

FLSA

coverage.

Ky.

Rev. Stat. Ann. §§

337.420

, 337.423;

803 Ky.

Admin. Regs.

1:025

Public and private

employers

are covered

the retaliation

prohibition

Equal pay law:

Sex

Fair employment practices

law

Race, color, religion,

national origin, sex, or age

(40 and older); because

they are a qualified

person

with a disability;

because

they are a

smoker or

nonsmoker (as

long

as they comply with

any

workplace smoking

policy).

Equal Opportunity Act:

Physical disabilities,

which

are congenital or acquired

physical conditions that

constitute substantial

disabilities and

are

verifiable

through

medically

accepted

clinical

or laboratory

diagnostic

techniques.

Employees and applicants

who have AIDS, AIDS

complex, or HIV

are

afforded the same

protections as persons

with

disabilities.

Equal pay law:

Employers cannot discriminate based on sex, in any

occupation in Kentucky, by paying employees

one sex at wage

rates that are less than the wage

rates paid to employees of the opposite sex for

comparable work that requires

comparable skill,

effort,

and responsibility in the same establishment.

employers pay wage rate differentials in violation

the Equal pay law, they cannot reduce any

employee's wage rate to comply with the law.

Employers also cannot limit a

position to employees

one sex, through hiring, discharges, or transfers,

avoid complying with the law.

Unlawful

pay discrimination can occur even when

men

and women are not employed in the same job

the same time. For example, if a woman is hired

or assigned to a position that was previously held by

a man, employers must compare their

wage rates

ensure

compliance.

Occupation

includes any industry, trade, business,

employment,

or type of employment.

Wage rates cover all payments made to or on behalf

of employees as remuneration for employment,

including in

-kind payments and amounts paid by

employers for employee

nefits such as pension or

insurance benefits, vacation or

holiday pay, and

premium pay for overtime,

weekend, or holiday

work; they do not include reasonable payments for

reimbursable expenses incurred for work

-related

travel. Making unequal benefit

contributions for

employees of opposite

sexes is not considered a

violation

if the resulting benefits are equal for

employees

of both sexes.

Skill

includes factors such as experience, training,

education,

and ability that are needed to meet a

job's

requirements.

Effort

is the degree or amount of physical or mental

exertion

needed to perform a job. Jobs can require

comparable

effort even when the effort is different

exerted

in different ways.

Responsibility is the degree of accountability needed

to perform

a job, with an emphasis on the

importance of the job

obligation.

Establishment applies to all work performed in an

establishment, even if employees

perform the work

away from the

physical premises of the

establishment

where they are employed.

Equal pay law:

Employers can pay wage

rate differentials

pursuant

to established seniority or

merit

increase systems

that do not discriminate

based

on sex. Employers

be able to show that

these

differentials are

based

on factors other

than

sex.

Fair employment

practices law

Employers can apply

different compensation

standards pursuant

bona fide seniority or

merit

systems, pursuant

to systems that measure

earnings by production

quantity or quality or to

employees who work in

ifferent locations if

these

differences are not

the

result of an intention

discriminate based on

race, color, religion,

national origin, sex or

age (40 and older), or a

qualified

person's

disability. Ky. Rev. Stat.

Ann.

§§

344.040, 344.100

Equal Opportunity

Act:

Employers also cannot

discriminate against

employee

s and

applicants with respect to

wages

or rates of pay on

the basis of the results of

HIV-related test,

unless the absence of

HIV

infection is a bona

fide occupational

qualification.

Ky. Rev.

Stat.

Ann. §§ 207.130,

207.150

N/A

Employers cannot

discharge or otherwise

discriminate

against

employees because they

take any action to initiate

or assist

with the Equal

pay law

's enforcement.

Such action includes

making complaints to

employers,

the Kentucky

Department of

Workplace

Standards or any person

and initiating,

triggering,

testifying in or preparing

to testify

in any

proceedings related to

the

law.

Ky. Rev.

Stat. Ann. §§

337.420

to 337.423,

337.990

Employers that are sued

can

be ordered to:

stop

violations;

pay

the amount of wages

owed

to employees, plus

to an equal amount in

liquidated

damages for

willful

violations;

reinstate

employees;

pay

reasonable attorneys'

fees

and costs; and

provide

other remedies.

Employers

that violate the

retaliation

prohibition also

are

fined

$100

to $1,000.

Ky. Rev.

Stat. Ann. §§

337.427

, 337.990

Coverage: Equal pay law:

Ky. Rev. Stat. Ann. §§

337.420

to 337.423; 803

Ky.

Admin. Regs. 1:025

Fair employment practices

law

: Ky. Rev. Stat. Ann.

§§

344.010,

344.030,

344.050

to 344.060

Pay Discrimination

Prohibitions:

Equal pay

law

: Ky. Rev. Stat.

Ann.

§§

337.420 to 337.423;

803

Ky. Admin. Regs.

1:025

Fair employment practices

law

: Ky. Rev. Stat. Ann.

§§

344.040,

344.100

Retaliation Prohibition:

Equal pay law

: Ky. Rev.

Stat. Ann. §§

337.420 to

337.423

, 337.990

Mandatory

Poster: Equal

pay law

: Ky. Rev. Stat.

Ann.

§ 337.433

Penalties/Remedies:

Equal pay law

: Ky. Rev.

Stat. Ann. §§

337.427,

337.990

Kentucky Laws:

http://www.lrc.ky.gov/Stat

utes/index.aspx

Kentucky

Regulations:

http://www.lrc.ky.gov/kar/f

rntpage.htm

Kentucky

Labor Cabi

net,

Department of Workplace

Standards:

https://labor.ky.gov/stand

ards/Pages/default.aspx

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 28

November 10, 2021

Kentucky

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages

Citing References

Ky. Rev. Stat. Ann. 337.420, 337.423; 803 Ky. Admin.

Regs.

1:025

Statutory Language

Ky. Rev. Stat. Ann. § 337.423.

Discrimination

prohibited

“(1) No employer shall discriminate between

employees in the

same establishment on the basis

of sex, by paying wages to

any employee in any

occupation in this state at a rate less than the rate

at which he or she pays any employee of the

opposite

sex for comparable work on jobs which

have

comparable requirements relating to skill,

effort

and

responsibility.

Differentials which are paid pursuant to established

seniority systems

or merit increase systems, which

do not discriminate

on the basis of sex, shall not be

included within this

prohibition. Nothing in KRS

337.420 to 337.433 and 337.990(11) shall

apply to

any

employer who is subject to the federal Fair Labor

Standards Act

of 1938,1 as amended, when that act

imposes comparable or greater requirements

than

contained in KRS 337.420 to 337.433 and

337.990(11) and when the

employer files with the

commissioner of the Department

of Workplace

Standards a statement that the employer is covered

the federal Fair Labor Standards Act of 1938, as

amended.

employer who is paying a wage differential in

violation

of KRS 337.420 to 337.433 and

337.990(11)

shall not, in order to comply with it,

reduce

the wage rates of any employee.

No person shall cause or attempt to cause an

employer

to discriminate against any employee in

violation of KRS

337.420 to 337.433 and

337.990(11).”

No employer may discharge or discriminate against

any employee

by reason of any action taken by

such employe

e to invoke or assist in any manner

the

enforcement

of KRS 337.420 to 337.433 and

337.990(11).”

Fair employment practices law

Employers cannot discriminate against employees in

compensation

based on race, color, religion,

national origin, sex, or

age (40 and older); because

they are a qualified person

with a disability; or

because they are a smoker or nonsmoker (as

long

they comply with any workplace smoking policy).

Equal Opportunity

Act:

Employers cannot discriminate against

employees

and applicants with respect to wages or rates of pay

on the basis of

physical disability, unless the

disability restricts the employee's or applicant's

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 29

November 10, 2021

Kentucky

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages

Citing References

ability to perform a job or otherwise permitted by

law. Physical disabilities are congenital or

acquired

phy

sical conditions that constitute substantial

disabilities and are

verifiable through medically

accepted clinical or laboratory

diagnostic

techniques. Employees and applicants who have

AIDS,

AIDS-related complex, or HIV are afforded the

same

protections as persons with disabilities.

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 30

November 10, 2021

Louisiana

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Louisiana

Public and private

employers with 20 or

more employees in

Louisiana for each

working day in each of

20 or more calendar

weeks in the current or

preceding calendar

year, employment

agencies and labor

organizations are

covered by the

discrimination

prohibitions. Employees

do not include domestic

service workers and

anyone employed by a

parent, spouse or child.

La. Rev. Stat. Ann. §§

23:302, 23:312, 23:

323, 23:332, 23:341,

23:352, 23:368

Race, color, religion,

sex, national origin, age

(40 or older), disability,

sick cell trait, genetic

information, if female

(pregnancy, childbirth,

or related medical

conditions)

Employers cannot intentionally discriminate

against employees in compensation based on

race, color, religion, sex or national origin. They

also cannot intentionally pay employees of one

sex wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort and

responsibility under similar working conditions.

Employers also cannot discriminate against

employees in compensation based on age (40

and older) or reduce the wage rate of any

employee to comply with this prohibition.

In addition, employers cannot:

discriminate against employees in compensation

based on disability if they can perform the

essential functions of their job with reasonable

accommodation;

discriminate against employees in compensation

because they have sickle cell trait or reduce the

wage rate of any employee to comply with this

prohibition;

discriminate against otherwise qualified

employees in compensation based on their

genetic information or information about their

requests for or receipt of genetic services; or

discriminate against female employees in

compensation based on pregnancy, childbirth or

related medical conditions.

La. Rev. Stat. Ann. 23:311 to 23:312, 23:322 to

23:323, 23:332, 23:342, 23:352, 23:368

Statutory Language La. Stat. Ann. § 23:332.

Intentional discrimination in employment

“A. It shall be unlawful discrimination in

employment for an employer to engage in any of

the following practices:

(1) Intentionally fail or refuse to hire or to

discharge any individual, or otherwise to

intentionally discriminate against any individual

with respect to compensation, or terms,

conditions, or privileges of employment, because

of the individual's race, color, religion, sex, or

national origin.

(3) Intentionally pay wages to an employee at a

rate less than that of another employee of the

opposite sex for equal work on jobs in which their

performance requires equal skill, effort, and

responsibility and which are performed under

similar

working conditions. An employer paying

wages in violation of this Section may not reduce

the wages of any other

employee in order to

comply with this Section.”

Employers that pay

wages in violation of

these pay

discrimination

prohibitions cannot

reduce any employees'

wages to comply with

the prohibitions.

Employers can apply

different compensation

standards, under

certain circumstances,

if such differences are

not the result of an

intention to discriminate

based on race, color,

religion, sex or national

origin.

Specifically, employers

can differentiate

compensation pursuant

to bona fide seniority or

merit systems; pursuant

to systems that

measure earnings by

production quantity or

quality; based on

factors other than sex;

or to employees who

work in different

locations.

Employers can

differentiate

compensation based

reasonable factors

other than age or to

comply with bona fide

seniority systems that

are not designed to

evade this pay

discrimination

prohibition.

N/A

See Fair employment

practices law.

See Fair employment

practices law.

Coverage: La. Rev. Stat.

Ann. §§ 23:302, 23:312,

23:323, 23:

332, 23:341, 23:352,

23:368

Pay Discrimination

Prohibitions: La. Rev.

Stat. Ann. 23:311 to

23:312, 23:322 to

23:323, 23:332, 23:342,

23:352, 23:368

Louisiana Laws:

http://www.legis.state.la.

us/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 31

November 10, 2021

Maine

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Maine

Public and private

employers are covered

by the Equal pay law.

Me. Rev. Stat. Ann. tit.

26, § 628

Equal pay law:

Sex

Fair employment

practices law:

Race, color, sex,

sexual orientation,

physical or mental

disability, religion, age,

ancestry or national

origin, previous

assertions of workers'

compensation claims or

rights, or previous

reports of or refusals to

commit illegal acts. Sex

includes pregnancy or

related medical

conditions.

Equal pay law:

Employers cannot discriminate based on sex in

any occupation by paying employees of one sex

at wage rates that are less than the wage rates

paid to employees of the opposite sex for

comparable work that requires comparable skill,

effort,

and responsibility at the same establishment

in Maine. An establishment operated at different

locations is considered a

single establishment if

employees are engaged in functionally similar

operations and there is a substantial degree of

central authority for establishing personnel rules

and approving wage rates.

Wages are all forms of compensation for

employment, including:

periodic or deferred payments;

wage, salary, profit-sharing, expense account,

monthly minimum, bonus, board, lodging,

vacation, or holiday payments;

premium pay for weekend, holiday, or other work

in excess or outside of employees’ regular

schedule; and

uniform cleaning, company car, or gasoline

allowances.

Skill means job performance requirements,

including experience, training, education, ability,

human relations, and communication. Job

performance efficiency is not a factor in evaluating

skill level.

Effort is the physical or mental exertion required to

perform all of a job's requirements to a

reasonable, necessary extent under the job's

working conditions.

Responsibility is the degree of accountability and

reliability required.

Salary history: Violations of the provisions on

compensation history inquiries can constitute

evidence of unlawful employment discrimination

under the Equal pay law. For more information,

see “Salary History” in this summary. Me. Rev.

Stat. Ann. tit. 26, § 628; 12-170-12 Me. Code R. §

Fair employment practices law: Employers cannot

discriminate in compensation based on race,

color, sex, sexual orientation, physical or mental

disability, religion, age, ancestry or national origin,

previous assertions of workers' compensation

claims or rights, or previous reports of or refusals

Employers can pay

different wages

pursuant to established

seniority systems, merit

increase systems, or

differences in the shift

or time of day worked if

these differentials do

not discriminate based

on sex. Seniority

systems are systems

that give preference to

workers based on

years of service. Merit

increase systems are

bona fide, uniform,

objective systems that

reward employees with

promotions, pay

increases, or other

advantages based on

competence.

Equal pay law (effective

on or about Sept. 17,

2019):

An employer cannot

use or inquire about an

applicant's

compensation history,

from the applicant or

the applicant's current

or former employer,

unless an employment

offer has been

negotiated and made to

the applicant which

includes all terms of

compensation. After

such an

offer has been

negotiated and made,

the employer can

inquire about or confirm

the applicant's

compensation history.

These provisions do

not apply if federal or

state law specifically

requires disclosure or

verification of

compensation history

for employment

purposes.

Me. Rev. Stat. Ann. tit.

26, § 628-A (2019 Me.

Laws 35 (L.D. 278))

Fair employment

practices law (effective

on or about Sept. 17,

2019):

If an employer violates

the compensation

history provisions by

directly or indirectly

inquiring

about an applicant's

compensation history

from the applicant or

the applicant's current

or former employer, or

otherwise seeking an

applicant's

compensation history

information, such

actions constitute

evidence of unlawful

employment

discrimination under

Employers cannot

discharge or

discriminate against

employees because

they file complaints

under the Equal pay

law or otherwise assist

in enforcing the law.

Me. Rev. Stat. Ann. tit.

26, § 628

Employers that violate

the Equal pay law can

be ordered to pay:

a fine of $100 to $500

for each violation;

the amount of unpaid

wages;

damages equal to twice

the amount of unpaid

wages; and

reasonable interest,

reasonable attorneys'

fees, and costs.

Me. Rev. Stat. Ann. tit.

26, §§ 626-A, 628-A

(2019 Me. Laws

(L.D. 278)

Coverage: Equal pay

law: Me. Rev. Stat. Ann.

tit. 26, § 628

Fair employment

practices law: Me. Rev.

Stat. Ann. tit. 5, § 4553

(2019 Me. Laws 464

(L.D. 1701))

94-348-003 Me. Code

R. §§ 1 to 2

Pay Discrimination

Prohibitions: Equal pay

law: Me. Rev. Stat.

Ann. tit. 26, § 628

12-170-12 Me. Code R.

§ I

Fair employment

practices law: Me. Rev.

Stat. Ann. tit. 5, §§

4553, 4571 to 4572-A

94-348-003 Me. Code

R. §§ 1, 3, 13

Wage Disclosure: Equal

pay law: Me. Rev. Stat.

Ann. tit. 26, §

628 (2019

Me. Laws 35 (L.D.

278))

Salary History: Equal

pay law: Me. Rev. Stat.

Ann. tit. 26, § 628- A

(2019 Me. Laws 35 (L.D.

278))

Fair employment

practices law: Me. Rev.

Stat. Ann. tit. 5, § 4577

(2019 Me. Laws 35

(L.D. 278))

Retaliation Prohibition:

Equal pay law: Me. Rev.

Stat. Ann. tit.

26, § 628

Penalties/Remedies:

Equal pay law: Me. Rev.

Stat. Ann. tit. 26,

§§ 626-A, 628-A (2019

Me. Laws 35 (L.D. 278)

Maine Laws:

http://www.mainelegisla

ture.org/legis/statutes/

Maine Regulations:

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 32

November 10, 2021

Maine

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

to commit illegal acts. Sex includes pregnancy or

related medical conditions.

Salary history: Violations of the provisions on

compensation history inquiries can constitute

evidence of unlawful employment discrimination

under the Fair employment practices law. For

more information, see “Salary History” in this

summary.

Me. Rev. Stat. Ann. tit. 5, §§ 4553, 4571 to 4572-A;

94-348-003 Me. Code R. §§ 1, 3, 13

Statutory Language: Me. Rev. Stat. tit. 26, § 628.

Equal pay

“An employer may not discriminate between

employees in the same establishment on the

basis of sex by paying wages to any employee in

any occupation in this State at a rate less than the

rate at which the employer pays any employee of

the opposite sex for comparable work on jobs that

have comparable requirements relating to skill,

effort and responsibility.

Differentials that are paid pursuant to established

seniority systems or merit increase systems or

difference in the shift or

time of the day worked that

do not discriminate on the basis of sex are not

within this prohibition. An employer may not

discharge or discriminate against any employee by

reason of any action taken by such employee to

invoke or assist in any

manner the enforcement of

this section. An employer may not prohibit an

employee from disclosing the employee's own

wages or from inquiring about or disclosing

another employee's wages if the purpose of the

disclosure or inquiry is to enforce the rights

granted by this section. Nothing in this section

creates an obligation to disclose wages."

"The Department of Labor shall annually report to

the joint standing committee of the Legislature

having jurisdiction over

labor matters on progress made in the State to

comply with this section. The report must be

issued annually on Equal Pay Day as designated

pursuant to Title 1, section 145.”

the Fair employment

practices law and the

Equal pay law, unless:

an employment offer

that includes all terms

of compensation has

already been

negotiated and made to

the applicant;

the employer is seeking

to confirm

compensation history

information that was

voluntarily disclosed by

the applicant, without

prompting by the

employer; or

federal or state law

specifically requires

disclosure or

verification of

compensation history

for employment

purposes.

Me. Rev. Stat. Ann. tit.

5, § 4577 (2019 Me.

Laws 35 (L.D. 278))

http://www.maine.gov/so

s/cec/rules/index.

html

Maine Department of

Labor, Bureau of Labor

Standards: http:

//www.maine.gov/labor/

Office of the Maine

Attorney General:

http://www.maine.gov/ag

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 33

November 10, 2021

Maryland

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Maryland

Public and private

employers (and their

agents) are covered by

Maryland Equal pay

law if they do business

in the state and employ

both men and women

in a lawful enterprise.

Md. Code Ann., Lab. &

Empl. §§ 3-301, 3-

302

Equal pay law:

Sex, gender identity

Fair employment

practices law:

race, color, religion,

sex, age, national

origin, marital status,

sexual orientation,

gender identity, or

genetic information; a

disability if the nature

and extent of the

disability are not

reasonably related to

preventing job

performance; or a

refusal to submit to a

genetic test or make

genetic test results

available.

Equal pay law:

Employers cannot discriminate by paying

employees of one sex or gender identity at wage

rates that are less than the wage rates paid to

employees of the opposite sex or gender identity.

Specifically, this prohibition applies to employees

who work in any occupation in the same

establishment if they perform work that is

comparable or on the same operation, in the

same business, or of the same type. Employers

that violate these prohibitions cannot reduce any

employees' wages to comply with the prohibitions.

Wage means all compensation for employment,

including board, lodging and other benefits

provided to employees for employers'

convenience. Employees are considered to work

at the same establishment if they work for the

same employer

at workplaces located in the same

Maryland county. Gender identity is defined in Md.

Code Ann., State Gov't § 20-101.

Employment opportunities:

Employers cannot provide less favorable

employment opportunities to employees based on

their sex or gender identity. Specifically,

employers cannot:

assign or direct employees to less favorable

career tracks or positions;

fail to provide employees with information about

promotions or advancement in the full range of

career tracks offered; or

limit or deprive employees of employment

opportunities that would otherwise be available.

Md. Code Ann., Lab. & Empl. §§ 3-301, 3-304

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, age, national

origin, marital status, sexual orientation, gender

identity, or genetic information; a disability if the

nature and extent of the disability are not

reasonably related to preventing job performance;

or a refusal to submit to a genetic test or make

genetic test results available.

Compensation discrimination occurs when

employers adopt discriminatory compensation

decisions or other practices and when employees

become subject to these decisions or practices or

are affected by the application of the decisions or

practices, including each time discriminatory

wages, benefits, or other compensation are paid.

Equal pay law:

Employers can pay

different wages based

on:

seniority systems or

merit increase systems

that do not discriminate

based on sex or gender

identity;

jobs that require

different abilities,

different skills, or the

regular performance of

different duties or

services;

work that is performed

on different shifts or at

different times of day;

work performed on

different shifts or at

different times of day;

systems that measure

performance based on

production quality or

quantity; or

bona fide factors other

than sex or gender

identity (including

education, training, or

experience), if they are

job-related, consistent

with business

necessity, and account

for entire wage

differential.

These exceptions do

not prevent employees

from showing that

employers' reliance on

the exceptions is a

pretext for

discriminating based on

sex or gender identity.

Fair employment

practices law:

Employers can observe

the terms of bona fide

seniority systems or

employee benefit

plans, such as

retirement, pension, or

insurance plans, that

are not a subterfuge for

evading the purposes

Equal Pay for Equal

Work—Inquiring About

Wages—Prohibition On

Adverse Action, 2020

Maryland Laws Ch. 25

(H.B. 14)

"(a) An employer may

not:

prohibit an employee

from:

inquiring about,

discussing, or

disclosing the wages of

the employee or

another employee; or

requesting that the

employer provide a

reason for why the

employee's wages are

a condition of

employment;

require an employee to

sign a waiver or any

other document that

purports to deny the

employee the right to

disclose or discuss the

employee's wages; or

take any adverse

employment action

against an employee

for:

inquiring about the

employee's wages or

another employee's

wages;

disclosing the

employee's own wages;

discussing another

employee's wages if

those wages have been

disclosed voluntarily;

asking the employer to

provide a reason for the

employee's wages; or

aiding or encouraging

another employee's

exercise of rights under

this section."

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

make complaints to

their employer, the

Maryland Division of

Labor and Industry or

another person;

initiate or trigger

lawsuits under the

Equal pay law or

related proceedings; or

have testified or will

testify in lawsuits under

the Equal pay law or

related proceedings.

Md. Code Ann., Lab. &

Empl. §§ 3-301, 3-308

Employers that are

sued for violating the

Equal pay law can

subject to injunctive

relief and can be

ordered to:

pay damages;

pay wages owed plus

an equal amount as

liquidated damages for

violations of the law's

pay discrimination

prohibitions;

pay actual damages

plus an equal amount

as liquidated damages

for violations of the

law's wage disclosure

provisions; and

pay reasonable

attorneys' fees, costs,

and interest for pay

discrimination or wage

disclosure violations.

Employers that violate

the Equal pay law two

or more times within a

three-year period can

be required to pay a

civil penalty equal to 10

percent of the damages

owed.

Employers are guilty of

a misdemeanor and

fined up to $300 if they

hinder, delay, or

otherwise interfere with

the division's

enforcement of the law,

or if they deny the

division's access to

workplaces that it is

authorized to inspect

under the law.

Md. Code Ann., Lab. &

Empl. §§ 3-307 to 3-

308(+UPDATE

OCTOBER 1, 2020*)

Coverage: Equal pay

law: Md. Code Ann.,

Lab. & Empl. §§ 3-

301

to 3-302

Fair employment

practices law: Md. Code

Ann., State Gov't. §§

20-

601, 20-604, 20-606

Pay Discrimination

Prohibitions: Equal pay

law: Md. Code Ann.,

Lab. & Empl. §§ 3-301,

3-304

Fair employment

practices law: Md. Code

Ann., State Gov't §§

20-

605 to 20-607, 20-801

Wage Disclosure: Equal

pay law: Md. Code Ann.,

Lab. & Empl.

§ 3-304.1

Retaliation Prohibition:

Equal pay law: Md.

Code Ann., Lab. &

Empl. §§ 3-301, 3-308

Penalties/Remedies:

Equal pay law: Md.

Code Ann., Lab. &

Empl. §§ 3-307 to 3-

308

Fair employment

practices law: Md. Code

Ann., State Gov't §

20-

607

Maryland Laws:

http://mgaleg.maryland.g

ov/

Maryland Department

of Labor, Division of

Labor and Industry:

https://www.dllr.state.m

d.us/labor/

Maryland Office of the

Attorney General:

http://www.

marylandattorneygener

al.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 34

November 10, 2021

Maryland

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Employers and their employees cannot aid, abet,

incite, compel, or coerce anyone to commit

unlawful discriminatory acts; directly or indirectly

try to commit unlawful discriminatory acts; or

obstruct or prevent anyone from complying with

the Fair employment practices law or any order

issued under the law.

Md. Code Ann., State Gov't §§ 20-605 to 20-607

(see Smart Code® for the latest cases), 20-801

Statutory Language: Md. Code Ann., Lab. & Empl. §

3-304. Equal pay for equal work

“Providing less favorable employment

opportunities” defined (a) In this section,

“providing less favorable employment

opportunities” means:

assigning or directing the employee into a less

favorable career track, if career tracks are offered,

or position;

failing to provide information about promotions or

advancement in the full range of career tracks

offered by the employer; or

limiting or depriving an employee of employment

opportunities that would otherwise be available to

the employee but for the employee's sex or

gender identity.

In general

(b)(1) An employer may not discriminate between

employees in any occupation by:

paying a wage to employees of one sex or gender

identity at a rate less than the rate paid to

employees of another sex or gender identity if

both employees work in the same establishment

and perform work of comparable character or

work on the same operation, in the same

business, or of the same type; or

providing less favorable employment opportunities

based on sex or gender identity.

(2) For purposes of paragraph (1)(i) of this

subsection, an employee shall be deemed to work

at the same establishment as another employee if

the employees work for the same employer at

workplaces located in the same county of the

State.

Effect of requirement

Except as provided in subsection (d) of this

section, subsection (b) of this section does not

prohibit a variation in a wage that is based on:

a seniority system that does not discriminate on

the basis of sex or gender identity; (2) a merit

increase system that does not discriminate on the

basis of sex or gender identity;

jobs that require different abilities or skills;

jobs that require the regular performance of

different duties or services;

of the Fair employment

practices law; however,

the plans cannot be

used as an excuse for

failing to hire any

applicant.

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 35

November 10, 2021

Maryland

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

work that is performed on different shifts or at

different times of day;

a system that measures performance based on a

quality or quantity of production; or

a bona fide factor other than sex or gender

identity, including education, training, or

experience, in which the factor: (i) is not based on

or derived from a gender-based differential in

compensation; (ii) is job related with respect to

the position and consistent with a business

necessity; and (iii) accounts for the entire

differential.

Exceptions cannot be pretext for discrimination

This section does not preclude an employee from

demonstrating that an employer's reliance on an

exception listed in subsection (c) of this section is

a pretext for discrimination on the basis of sex or

gender identity.

Reduction in wages

An employer who is paying a wage in violation of

this subtitle may not reduce another wage to

comply with this subtitle.”

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 36

November 10, 2021

Massachusetts

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Massachusetts

Public and private

employers and their

agents are covered by

the Equal pay law.

Mass. Gen. Laws ch.

149, § 1

Equal pay law: Gender

Fair employment

practices law:

race, color, religious

creed, national origin,

sex, gender identity,

sexual orientation,

genetic information,

pregnancy or related

conditions, ancestry,

veteran status, or age

(40 and older), unless

this discrimination is

based on a bona fide

occupational

qualification.

Equal pay law:

Employers cannot discriminate based on gender

in the payment of wages. Wages include all forms

of remuneration for employment.

Employers also cannot pay employees of one

gender at salary or wage rates that are less than

the rates paid to employees of a different gender

for comparable work. Comparable work is work

that is substantially similar because it requires

substantially similar skills, effort, and

responsibility under similar work conditions. Job

titles or job descriptions alone do not determine

whether work is comparable. Work conditions

include environmental and other similar

circumstances normally taken into consideration in

setting salaries or wages, including reasonable

shift differentials and a job's physical surrounding

and hazards.

Employers cannot reduce any employee's wages

solely to achieve compliance with the pay

discrimination prohibitions.

Fair employment practices law: Employers cannot

discriminate in compensation based on race,

color, religious creed, national origin, sex, gender

identity, sexual orientation, genetic information,

pregnancy or related conditions, ancestry, veteran

status, or age (40 and older), unless this

discrimination is based on a bona fide

occupational qualification.

Employers and their employees cannot aid, abet,

incite, compel, or coerce unlawful discriminatory

acts or try do so. Mass. Gen. Laws ch. 151B, §§ 1,

4; Mass. Regs. Code tit. 804, § 3.01

Statutory Language: Mass. Gen. Laws Ann. ch. 149,

§ 105A. Discrimination on basis of gender in

payment of wages

prohibited; enforcement;

unlawful practices; good faith self-evaluation of

payment practices

“(b) No employer shall discriminate in any way on

the basis of gender in the payment of wages, or

pay any person in its employ a salary or wage rate

less than the rates paid to its employees of a

different gender for comparable work; provided,

however, that variations in wages shall not be

prohibited if based upon: (i) a system that rewards

seniority with the employer; provided, however,

that time spent on leave due to a pregnancy-

related condition and protected parental, family

and medical leave, shall not reduce seniority; (ii) a

merit system; (iii) a system which measures

earnings by quantity or quality of production,

Equal pay law:

Employers can vary

wages based on:

seniority systems,

provided that leave for

pregnancy-related

conditions and

protected parental,

family, or medical leave

do not reduce seniority;

merit systems;

systems that measure

earnings by quantity or

quality of production,

sales, or revenue;

the job's location;

education, training, or

experience to the

extent these factors are

reasonably job-related;

travel that is a regular,

necessary job

condition. Mass. Gen.

Laws ch. 149, §§ 1,

105A

Fair employment

practices law:

Employers can observe

the terms of bona fide

seniority systems that

are not a subterfuge for

evading the Fair

employment practices

law.

Equal pay law:

Employers cannot seek

applicants' wage or

salary history from

them or their current or

former employers.

Employers also cannot

require that this history

meet certain criteria.

Employers can confirm

or allow applicants to

confirm their wage or

salary history if they

voluntarily disclose it.

Employers also can

seek or confirm this

history after an offer of

employment with

compensation has been

negotiated and made.

Mass. Gen. Laws ch.

149,

§ 105A

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

make complaints to

their employer, the

Massachusetts attorney

general's office, or

another person related

to the Equal pay law;

initiate or trigger

proceedings related to

the law; or

testify or are about to

testify in these

proceedings.

Employers cannot

discharge or otherwise

retaliate against

employees because

they:

oppose unlawful acts or

practices under the

Equal pay law;

make or indicate an

intent to make

complaints under the

law;

otherwise initiate or

trigger proceedings

under the law; or

testify or are about to

testify, assist, or

otherwise participate in

investigations or

proceedings under the

law.

Mass. Gen. Laws ch.

149, § 105A

Pay discrimination

prohibitions: Employers

that violate the pay

discrimination

prohibitions are fined up

to $100. Employers that

are sued also can be

ordered to pay any

unpaid wages plus an

equal amount in

liquidated damages,

reasonable attorneys'

fees, and costs. If

employees recover

unpaid wages under

the

Equal pay law and

the federal Equal Pay

Act for the same

violations, they must

return the lesser

amount to employers.

Wage disclosure:

Employers that violate

the wage disclosure

provisions are fined up

to $100. Employers that

are sued also can be

ordered to pay

damages, reasonable

attorneys' fees, and

costs.

Salary history:

Employers that violate

the salary history

provisions are fined up

to $100. Employers that

are sued also can be

ordered to pay

damages, reasonable

attorneys' fees, and

costs.

Retaliation prohibition:

Employers that violate

the retaliation

prohibition are fined up

to $100. Employers that

are sued also can be

ordered to pay

damages, reasonable

attorneys' fees, and

costs.

Mass. Gen. Laws ch.

149, §§ 105A to 105B

Coverage: Equal pay

law: Mass. Gen. Laws

ch. 149, § 1

Fair employment

practices law: Mass.

Gen. Laws ch. 151B,

§§ 1, 4; Mass. Regs.

Code tit. 804, § 3.01

Pay Discrimination

Prohibitions: Equal pay

law: Mass. Gen. Laws

ch. 149, §§ 1, 105A

Fair employment

practices law: Mass.

Gen. Laws ch. 151B,

§§ 1, 4; Mass. Regs.

Code tit. 804, § 3.01

Wage Disclosure: Equal

pay law: Mass. Gen.

Laws ch. 149, § 105A

Salary History: Equal

pay law: Mass. Gen.

Laws ch. 149, § 105A

Retaliation Prohibition:

Equal pay law: Mass.

Gen. Laws ch.

149, §§ 105A to 105B

Penalties/Remedies:

Equal pay law: Mass.

Gen. Laws ch. 149,

§§ 105A to 105B

Massachusetts Laws:

http://www.malegislatur

gov/Laws/GeneralLaws

/Search

Massachusetts Office

of the Attorney General:

http://www.mass.

gov/ago/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 37

November 10, 2021

Massachusetts

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

sales, or revenue; (iv) the geographic location in

which a job is performed; (v) education, training or

experience to the extent such factors are

reasonably related to the particular job in

question; or (vi) travel, if the travel is a regular

and necessary condition of the particular job.

An employer who is paying a wage differential in

violation of this section shall not reduce the wages

of any employee

solely in order to comply with this section.”

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 38

November 10, 2021

Michigan

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Michigan

Public and private

employers (and their

agents) with two or

more employees at any

one time in a calendar

year are covered by

Michigan Equal pay law

for the remainder of

that year. Employees

are employees age 16

or older who work on

employer premises or

at a fixed,

employer-designated

worksite; they do not

include employees who

are exempt from

federal minimum wage

requirements,

employees covered by

U.S.C. § 214 and

certain agricultural or

temporary summer

camp workers. If the

Michigan minimum

wage is at or below the

federal minimum wage,

the Equal pay law does

not apply to employers

that are subject to

federal minimum wage

requirements.

Mich. Comp. Laws §§

408.412; 408.420

Equal pay law:

Sex

Fair employment

practices law:

Religion, race, color,

national origin, age,

sex, height, weight or

marital status.

Equal pay law:

Employers cannot discriminate based on sex by

paying employees of one sex at wage rates that

are lower than those paid to employees of the

opposite sex for equal work that requires equal

skill, effort and responsibility under similar

working conditions at the same workplace. If

employers violate this prohibition, they cannot

reduce any employee's wage rate to comply with

the prohibition.

Fair employment practices law:

Employers cannot discriminate in compensation

based on religion, race, color, national origin, age,

sex, height, weight or marital status.

Mich. Comp. Laws §§ 37.2202, 37.2211

Statutory Language: Mich. Comp. Laws Ann. §

750.556. Discrimination between sexes in payment

of wages

“Any employer of labor in this state, employing

both males and females, who shall discriminate in

any way in the payment of wages as between

sexes who are similarly employed, shall be guilty

of a misdemeanor. No female shall be assigned

any task disproportionate to her strength, nor shall

she be employed in any place detrimental to her

morals, her health or

her potential capacity for

motherhood. Any difference in wage rates based

upon a factor other than sex shall not violate

this

section.”

Equal pay law:

Employers can pay

different wage rates

pursuant to:

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality; or

differentials based on

factors other than sex.

Mich. Comp. Laws §

408.423

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems.

State department and

government agencies

shall not inquire about

a job applicant’s

current or previous

salaries unless and

until the department or

agency first makes a

conditional offer of

employment, including

an explanation of

proposed

compensation and shall

not make inquiry of

current or prior

employer or search

public records

databases to ascertain

an applicant’s current

or previous salary. A

state department or

government agency

shall take reasonable

measures to avoid

inadvertently

discovering salary

history while gathering

other information about

an applicant.

Information

unintentionally

discovered relating to

an applicant’s salary

history must not be

used by the department

or agency in an

employment decision.

A state department or

government agency

may request and verify

current or previous

compensation

information for a job

applicant before a

conditional offer of

employment that

includes compensation

information only if the

applicant voluntarily

provides the

information or if

verification is required

by applicable law. If a

state department or

government agency

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

serve, are about to

serve or might serve on

the Michigan Wage

Deviation Board;

testify, are about to

testify or might testify

before the board; or

might testify in

investigations under the

Equal pay law.

Mich. Comp. Laws §

408.421

Employers are fined up

to $1,000 if they violate

the Equal pay law

's pay

discrimination

prohibitions. Anyone

who violates the

law

also is guilty of a

misdemeanor. In

addition, employers

that are sued can be

ordered to pay wages

owed to employees

plus an equal amount in

damages, reasonable

attorneys' fees and

costs.

Mich. Comp. Laws §§

408.419, 750.556

Wage disclosure:

Employers that violate

the wage disclosure

provisions are fined up

to $1,000 by the

Michigan Department

of Licensing and

Regulatory Affairs. They

also are guilty of a

misdemeanor. In

addition, employers that

violate the retaliation

prohibition can be

ordered to rehire or

reinstate employees

with back pay.

Mich. Comp. Laws §§

408.483, 408.488

Equal pay law: Mich.

Comp. Laws §§

408.412, 408.416 to

408.421, 408.423,

750.556

Fair employment

practices law: Mich.

Comp. Laws §§ 37.2

37.2204, 37.2211103 to

37.2202, 37.2203 to

Salary History: Executive

Directive No. 2019-10.

Michigan Laws:

http://www.legislature.mi

.gov/%28S%

28z10sop55ddfmgyjwqk

ncig55%29%29/mileg.as

px?

page=Home

Michigan Department of

Licensing and

Regulatory Affairs: https:

//www.michigan.gov/lar

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 39

November 10, 2021

Michigan

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

already is in

possession of a job

applicant’s

compensation

information on the

effective date of this

directive, it shall not

use that information in

any employment

decision unless

required by law or a

collective bargaining

agreement. This

directive does not

prevent a job applicant

from volunteering

information about

compensation, but an

applicant’s refusal to

volunteer

compensation

information must not be

considered in an

employment decision.

Executive Directive No.

2019-10.

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 40

November 10, 2021

Minnesota

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Minnesota

Private employers with

one or more employees

are covered by

Minnesota Equal pay

law. Employees

provide services in

Minnesota to

employers that pay or

agree to pay them at a

fixed rate. They do not

include partners,

independent

contractors, or

employees who provide

services only partly in

the state, unless they

entered into an

employment contract or

their payments usually

are made or will be

made in the state.

Minn. Stat. § 181.66

Public and private

employers are covered

by the wage disclosure

provisions.

Minn. Stat. § 181.172

Equal pay law:

Sex

Fair employment

practices law

Race, color, creed,

religion, national origin,

sex, marital status,

public assistance

status, familial status,

membership or activity

in local commissions,

disability, sexual

orientation, or age,

unless this

discrimination is

justified by a bona fide

occupational

qualification.

Equal pay law:

Employers cannot discriminate based on sex by

paying employees of one sex at wage rates that

are lower than those paid to employees of the

opposite sex for equal work that requires equal

skill, effort, and responsibility under similar

working conditions. Wages are all forms of

compensation (including the cash value of non-

cash compensation) for services provided by

employees, regardless of whether payments are

made by employers or other entities. Wage rate is

the basis of compensation and includes

compensation based on the time spent in the

performance of such services, or on the number

of operations accomplished, or on the quantity

produced or handled. Employers that pay wage

rates in violation of these prohibitions cannot

reduce any employee's wage rate to comply with

the prohibitions.

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, creed, religion, national

origin, sex, marital status, public assistance

status, familial status, membership or activity in

local commissions, disability, sexual orientation,

or age, unless this discrimination is justified by a

bona fide occupational qualification.

No person (as defined in Minn. Stat. § 363A.03)

can:

intentionally aid, abet, incite, compel, or coerce

another person to violate the Fair employment

practices law, or attempt to do so;

intentionally obstruct or prevent another person

from complying with the Fair employment

practices law or any related orders; or

resist, prevent, impede, or interfere with the

Department of Human Rights in the performance

of its duties.

Minn. Stat. § 363A.08

Statutory Language: Minn. Stat. Ann. § 181.67.

Wage discrimination based on sex; protection of

employees involved in

proceeding

“General prohibition. No employer shall

discriminate between employees on the basis of

sex by paying wages to employees at a rate less

than the rate the employer pays to employees of

the opposite sex for equal work on jobs the

performance of which requires equal skill, effort,

and responsibility, and which are performed under

similar working conditions, except where such

payment is made pursuant to a seniority system, a

merit system, a system which measures earnings

Employers can pay

different wage rates

pursuant to seniority or

merit systems; systems

that measure earnings

by production quantity

or quality; or any other

factor besides sex.

Minn. Stat. §§ 181.66,

181. 67

N/A

Employers cannot

discriminate against

employees in hiring,

tenure, or other terms

and conditions of

employment because

they file complaints

under the Equal pay

law, or because they

testify or are about to

testify in investigations,

proceedings, or criminal

actions under the law.

Minn. Stat. § 181.67

Employers that are

sued can be ordered to

pay any unpaid wages

for the one-year period

preceding the filing of

these lawsuits, punitive

damages of up to the

amount of such unpaid

wages, and reasonable

attorneys' fees. Unpaid

wages means the

difference between

wages paid to

employees and wages

required to be paid

under the Equal pay

law. Employers that

violate the law also are

guilty of a

misdemeanor.

Minn. Stat. §§ 181.66,

181.68, 181.70

Wage disclosure: If

employers violate the

wage disclosure

provisions (excluding

the employer policy

requirements), the

Minnesota Department

of Labor and Industry

can order them to:

stop violations;

take affirmative steps to

comply with the

provisions;

pay back pay,

gratuities,

compensatory

damages, and an

additional equal

amount as liquidated

damages;

pay a fine of up to

$1,000 per employee

for each repeated or

willful violation;

pay litigation and

hearing costs; and

pay interest on the

unpaid balance of these

amounts from the date

the order is signed until

it is paid.

Coverage: Fair

employment practices

law: Minn. Stat. §§

363A. 03, 363A.26

Equal pay law: Minn.

Stat. § 181.66

Pay Discrimination

Prohibitions: Fair

employment practices

law: Minn. Stat. §

363A.08

Equal pay law: Minn.

Stat. §§ 181.66 to

181.68

Retaliation Prohibition:

Equal pay law: Minn.

Stat. § 181.67

Penalties/Remedies:

Equal pay law:

https://www.revisor.mn.

gov/statutes/cite/181.67

Minn. Stat. §§ 181.66,

181.68, 181.70

Minnesota Laws:

https://www.revisor.mn.

gov/statutes/ Minnesota

Department of Labor

and Industry:

https://www.dli. mn.gov/

Minnesota Department

of Labor and Industry,

Division of Labor

Standards and

Apprenticeship:

https://www.dli.mn.gov/l

aborlaw

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 41

November 10, 2021

Minnesota

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

by quantity or quality of production, or a differential

based on any other factor other than sex.

Provided, that an employer who is paying a wage

rate differential in violation of sections 181.66 to

181.71 shall not, in order to comply with the

provisions of sections 181.66 to 181.71, reduce

the wage rate of any employee.”

Employers that are

sued by employees

also can be ordered to:

stop violations;

reinstate employees;

pay back pay and

restore lost service

credits;

expunge employees'

adverse records related

to violations;

pay damages;

pay reasonable

attorneys' fees, costs,

and other expenses;

and

comply with other

remedies.

Minn. Stat. §§ 177.23,

177.27, 181.172,

181.944

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 42

November 10, 2021

Mississippi

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Mississippi

N/A

No state statutory or

regulatory provisions

apply generally to private-

sector employment.

Mississippi Laws:

https://www.ms.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 43

November 10, 2021

Missouri

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Missouri

Public and private

employers are covered

by the Equal pay law.

Mo. Rev. Stat. §

290.400

Equal pay law: Women

Fair employment

practices law

Race, color, religion,

national origin, sex,

ancestry, age (40 to

69), or disability.

Equal pay law:

Employers cannot pay women at wage rates that

are lower than the wage rates paid to men for the

same quantity, quality, and classification of work

at the same workplace. Wages are compensation

for labor measured by time, piece, or other

factors. Mo. Rev. Stat. § 290.410

Statutory Language: Mo. Ann. Stat. § 290.410.

Employer not to pay female lower wage

“Notwithstanding any other provisions of the law,

no employer shall pay any female in his employ at

wage rates less than the wage rates paid to male

employees in the same establishment for the

same quantity and quality of the same

classification of work, provided that nothing herein

shall prohibit a variation of rates of pay for male

and female employees engaged in the same

classification of work based upon a difference in

seniority, length of service, ability, skill, difference

in duties or services performed, difference in the

shift or time of day worked, hours of work, or

restrictions or prohibitions on lifting or moving

objects in excess of specified weight, or other

reasonable differentiation, or factors other than

sex, when exercised in good faith.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, national origin, sex,

ancestry, age (40 to 69), or disability. Unlawful

discrimination occurs when employees' and

applicants' protected class is the motivating factor

for an adverse decision or action. Their protected

class is the motivating factor if it actually plays a

role in and has a determinative influence on the

adverse decision or action. Employers also cannot

aid, abet, incite, compel, or coerce unlawful

discriminatory acts or try to do so.

Equal pay law:

Employers can pay

wage differentials to

women and men in

good faith based on

seniority or length of

service; ability or

skills; differences in

duties or services

performed; work

performed on different

shifts or at different

times of day; hours of

work; restrictions or

prohibitions on lifting or

moving objects in

excess of specified

weight; or reasonable

differentiations based

on factors other than

sex.

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality, or to

employees who work in

different locations if

these differences or

systems are not

intended, designed, or

used to discriminate

based on a protected

class.

Mo. Rev. Stat. §

213.055

N/A

See Fair employment

practices law.

Employers that are

sued for violating the

Equal pay law can be

ordered to pay lost

wages and court costs.

Mo. Rev. Stat. §

290.440

Coverage: Equal pay

law: Mo. Rev. Stat. §

290.400

Fair employment

practices law: Mo. Rev.

Stat. § 213.010

Pay Discrimination

Prohibitions: Equal pay

law: Mo. Rev. Stat. §

290.410

Fair employment

practices law: Mo. Rev.

Stat. § 213.055

Penalties/Remedies:

Equal pay law: Mo. Rev.

Stat. § 290.440

Missouri Laws:

http://www.moga.mo.

gov/mostatutes/statute

sAna.html

Missouri Labor and

Industrial Relations

Commission:

http://www.

labor.mo.gov/LIRC/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 44

November 10, 2021

Montana

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Montana

Public and private

employers are covered

by the Equal pay law.

Mont. Code Ann. § 39-3-

104

Equal pay law: Female

Fair employment

practices law

race, creed, religion,

color, national origin,

age, physical or mental

disability, marital status

or sex (including

pregnancy), unless a

position's reasonable

demands require

distinctions based on

age, physical or mental

disability, marital status

or sex.

Equal pay law:

Employers cannot pay female employees less

than male employees for equivalent services or

for the same amount or class of work in the same

industry or workplace.

Mont. Code Ann. § 39-3-104.

Statutory Language: Mont. Code Ann. § 39-3-104.

Equal pay for women for equivalent service

“(1) It is unlawful for the state or any county,

municipal entity, school district, public or private

corporation, person, or firm to employ women in

any occupation within the state for compensation

less than that paid to men for equivalent service

or for the same amount or class of work or labor in

the same industry, school, establishment, office,

or place of employment of any kind or description.

If the state or any county, municipal entity, school

district, public or private corporation, person, or

firm violates any of the provisions of subsection

(1), it is guilty of a misdemeanor and upon

conviction thereof shall be fined not less than $25

or more than $500 for each offense.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, creed, religion, color, national

origin, age, physical or mental disability, marital

status or sex (including pregnancy), unless a

position's reasonable demands require

distinctions

based on age, physical or mental

disability, marital status or sex. Mont. Code Ann. §

49-2-303.

Statutory Language: Mont. Code Ann. § 49-2-303.

Discrimination in employment

"(1) It is an unlawful

discriminatory practice for:

an employer to refuse employment to a person, to

bar a person from employment, or to discriminate

against a person in compensation or in a term,

condition, or privilege of employment because of

race, creed, religion, color, or national origin or

because of age, physical or mental disability,

marital status, or sex when the reasonable

demands of the position do not require an age,

physical or mental disability, marital status, or sex

distinction;

(2) The exceptions permitted in subsection (1)

based on bona fide occupational qualifications

must be strictly construed."

See Fair employment

practices law.

N/A

See Fair employment

practices law.

Employers that violate

the Equal pay law are

guilty of a

misdemeanor and can

be fined $25 to $500 for

each violation.

Mont. Code Ann. § 39-3-

104

Coverage: Equal pay

law: Mont. Code Ann. §

39-3-104

Fair employment

practices law: Mont.

Code Ann. §§ 49-2-101,

49-2-303

Pay Discrimination

Prohibitions Equal pay

law: Mont. Code Ann.

§ 39-3-104

Penalties/Remedies:

Equal pay law: Mont.

Code Ann. § 39-3-

104

Montana Laws:

http://leg.mt.gov/bills/m

ca_toc/index.htm

Montana Department of

Labor and Industry:

http://dli.mt.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 45

November 10, 2021

Nebraska

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Nebraska

Private employers (and

their agents) are

covered by Nebraska

Equal pay law if they

have two or more

employees for each

working day in each of

20 or more calendar

weeks in the current or

preceding calendar

year. The law also

applies to any business

financed wholly or

partly under Nebraska's

Investment

Finance

Authority Act and all

Nebraska

state or local

government employers.

It does not apply to

federal government

employers or

corporations wholly

owned by the federal

government.

Neb. Rev. Stat. § 48-

1220; 139 Neb. Admin.

Code § 1-002

Equal pay law:

Sex

Fair employment

practices law:

Race, color, religion,

sex, disability, marital

status, national origin or

pregnancy, childbirth or

related medical

conditions.

Equal pay law:

Employers cannot discriminate based on sex by

paying employees of one sex at wage rates that

are less than the wage rates paid to employees of

the opposite sex for equal work that requires

equal skill, effort and responsibility under similar

working conditions in the same establishment.

Wage rates are all forms of compensation,

including in-kind payments; employer payments

for medical, hospital, accident, life insurance or

retirement benefits; profit-sharing or bonus plans;

and leave. Employers that violate the Equal pay

law cannot reduce any employee's wage rate to

comply with the law.

Neb. Rev. Stat. §§ 48-1219 to 48-1221; 139 Neb.

Admin. Code §§ 1-003, 1-005

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, disability,

marital status, national origin or pregnancy,

childbirth or related medical conditions.

Statutory Language: Neb. Rev. Stat. Ann. § 48-

1221. Prohibited acts

“(1) No employer shall discriminate between

employees in the same establishment on the

basis of sex, by paying wages to any employee in

such establishment at a wage rate less than the

rate at which the employer pays any employee of

the opposite sex in such establishment for equal

work on jobs which require equal skill, effort and

responsibility under similar

working conditions.

Wage differentials are not within this prohibition

where such payments are made pursuant to: (a) An

established seniority system; (b) a merit increase

system; or (c) a system which measures earning

by quantity or quality of production or any factor

other than sex.

An employer who is paying a wage differential in

violation of the provisions of sections 48-1219 to

48-1227 shall not, in order to comply with it,

reduce the wage rates of any employee.

No person shall cause or attempt to cause an

employer to discriminate against any employee in

violation of the provisions of sections 48-1219 to

48-1227.

No employer may discharge or discriminate

against any employee by reason of any action

taken by such employee to invoke or assist in any

manner the enforcement of the provisions of

sections 48-1219 to 48-1227.”

Equal pay law:

Employers can pay

wage differentials

pursuant to established

seniority systems, merit

increase systems,

systems that measure

earnings by production

quantity or quality or

any factor other than

sex.

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality or to employees

who work in different

locations if these

differences are not the

result of an intention to

discriminate based on

race, color, religion,

sex, disability, marital

status or national

origin.

Neb. Rev. Stat. §§ 48-

1104, 48-1107.01, 48-

1111

N/A

Employers cannot

discharge or

discriminate against

employees because

they take any action to

invoke or assist with the

Equal pay law's

enforcement.

Neb. Rev. Stat. § 48-

1221

Employers are guilty of

a class III misdemeanor

and fined up to $500,

imprisoned for up to

three months or fined

and imprisoned if they:

violate the law;

discharge or otherwise

discriminate against

employees for

complaining to

employers, the

commission or any

person about alleged

violations; or discharge

or otherwise

discriminate against

employees for initiating

or triggering any

proceedings related to

the law or for testifying

or preparing to testify in

these proceedings.

Employers are guilty of

a class V misdemeanor

and fined up to $100 if

they hinder, delay or

otherwise interfere with

the

Nebraska Equal

Opportunity

Commission's

enforcement

duties.

Employers that are

sued can be ordered to:

stop violations; pay the

amount of wages owed

to employees; pay

liquidated damages, up

to the amount of wages

owed to employees, for

willful violations;

reinstate employees;

pay reasonable

attorneys' fees and

costs; comply with

other remedies.

Neb. Rev. Stat. §§ 28-

106, 48-1219 to 48-

1220, 48-1223, 48-

1227; 139 Neb. Admin.

Code § 1-002

Coverage: Equal pay

law: Neb. Rev. Stat. §

48-1220; 139 Neb.

Admin. Code § 1-002

Fair employment

practices law: Neb.

Rev. Stat. §§ 48-1102

48-1103; 138 Neb.

Admin. Code § 1.001

Pay Discrimination

Prohibitions: Equal pay

law: Neb. Rev. Stat.

§§ 48-1219 to 48-1221;

139 Neb. Admin. Code

§§ 1-003, 1-005

Fair

employment practices

law: Neb. Rev. Stat. §§

48-1104, 48- 1107.01,

48-1111

Wage Disclosure: Fair

employment practices

law: Neb. Rev. Stat. §

48–1114 (2019 Neb.

L.B. 217)

Retaliation Prohibition:

Equal pay law: Neb.

Rev. Stat. § 48- 1221

Penalties/Remedies:

Equal pay law: Neb.

Rev. Stat. §§ 28-106,

48-1219 to 48-1220, 48-

1223, 48-1227; 139

Neb. Admin. Code

§ 1-002

Nebraska Laws:

http://nebraskalegislatur

e.gov/laws/browse-

statutes.php

Nebraska Regulations:

http://www.sos.ne.gov/ru

les-and-

regs/regsearch

Nebraska Equal

Opportunity

Commission:

http://www.neoc.ne.

gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 46

November 10, 2021

Nevada

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Nevada

Public and private

employers are covered

by the Equal pay law if

they have control or

custody of any

employment,

workplace, or

employee. Employee

includes a male or

female person who

works for an employer

under any express,

implied, oral, or written

appointment or contract

of hire or

apprenticeship,

regardless of whether

the person is lawfully or

unlawfully employed.

[Note: The Nevada

Supreme Court has

held that the state's

wage-protection law,

which includes the

equal pay provisions,

does not impose

personal liability on

individual managers

(Boucher v. Shaw, 196

P.3d 959, 2008 BL

267398 (Nev.

2008))].

Nev. Rev. Stat. §§

608.007 to 608.011

Equal pay law:

Sex

Fair employment

practices law:

Race, color, religion,

sex, sexual orientation,

gender identity or

expression, age,

disability, or national

origin.

Equal pay law:

Employers cannot discriminate based on sex by

paying employees of one sex at wages that are

lower than the wages paid to employees of the

opposite sex for equal work that requires equal

skill, effort, and responsibility under similar

working conditions in the same establishment.

Wages are the amount that employers agree to

pay employees for the time they have worked

(computed in proportion to time) and commissions

owed to employees, excluding bonus or profit-

sharing payments. Employers that violate these

pay discrimination prohibitions cannot reduce any

employee's wages to comply with the prohibitions.

Nev. Rev. Stat. Ann. § 608.017.

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, sexual

orientation, gender identity or expression, age,

disability, or national origin.

Lawful activities: Employers cannot discriminate

against employees in compensation because they

lawfully use any product off employer premises

during nonwork hours in Nevada, unless such use

adversely affects their ability to perform their job

or the safety of their co-workers.

Nev. Rev. Stat. §§ 613.330 to 613.333, 613.380

Statutory Language: Nev. Rev. Stat. Ann. §

608.017. Discrimination on basis of sex prohibited;

exceptions

“1. It is unlawful for any employer to discriminate

between employees, employed within the same

establishment, on the basis of sex by paying

lower wages to one employee than the wages

paid to an employee of the opposite sex who

performs equal work which requires equal skill,

effort and responsibility and which is performed

under similar working conditions.

2. The provisions of subsection 1 do not apply

where wages are paid pursuant to:

A seniority system; A merit system; A compensation

system under which wages are determined by the

quality or quantity of production; or A wage

differential based on factors other than sex.

3. An employer who violates the provisions of this

section shall not reduce the wages of any

employees in order to comply

with such

provisions.”

Equal pay law:

Employers can pay

wage differentials

pursuant to seniority or

merit systems,

compensation systems

where wages are based

on production quality or

quantity, or other

factors besides sex.

Nev. Rev. Stat. §§

608.012, 608.017

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality, or to

employees who work in

different locations if

these differences are

not the result of an

intention to discriminate

based on race, color,

religion, sex, sexual

orientation, gender

identity or expression,

age, disability, or

national origin.

An employer or an

employment agency

shall not, orally or in

writing, personally or

through an agent, seek

the wage or salary

history of an applicant

for employment; rely on

the wage or salary

history of an applicant

to determine whether to

offer employment to an

applicant or the rate of

pay for the applicant; or

refuse to interview,

hire, promote or employ

an applicant, or

discriminate or retaliate

against an applicant if

the applicant does not

provide wage or salary

history.

Employers cannot use

force, intimidation,

threats of dismissal

from employment, or

other tactics to induce

or try to induce

employees to refrain

from testifying in

investigations or

proceedings related to

the Equal pay law.

Employers also cannot

discharge or penalize

employees for such

testimony.

Nev. Rev. Stat. §

608.015

Employers that violate

the Equal pay law are

guilty of a

misdemeanor. The

Nevada labor

commissioner's office

also can fine them up

to $5,000 for each

violation. In addition,

employers that are

sued can be ordered to

pay the amount of

wages owed to

employees and

reasonable attorneys'

fees.

Nev. Rev. Stat. §§

608.140, 608.195

Coverage: Equal pay

law: Nev. Rev. Stat. §§

608.007 to 608.011

Fair employment

practices law: Nev.

Rev. Stat. §§ 613.310

to 613.320

Pay Discrimination

Prohibitions: Equal pay

law: Nev. Rev. Stat.

§§ 608.012, 608.017

Fair employment

practices law: Nev.

Rev. Stat. §§ 613.330

to 613.333, 613.380

Wage Disclosure: Fair

employment practices

law: Nev. Rev. Stat. §

613.330

Salary History: SB 293

Effective Oct. 1, 2021.

Retaliation Prohibition:

Equal pay law: Nev.

Rev. Stat. § 608.015

Penalties/Remedies:

Equal pay law: Nev.

Rev. Stat. §§ 608.140,

608.195

Nevada Laws:

http://www.leg.state.nv.u

s/law1.cfm

Nevada Department of

Business and Industry,

Office of the

Labor

Commissioner:

http://www.laborcommis

sioner.com/ Nevada

Office of the Attorney

General:

http://ag.nv.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 47

November 10, 2021

New Hampshire

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

New Hampshire

Public and private

employers and their

agents are covered by

the Equal pay law.

Employees do not

include domestic

service, agricultural,

temporary or service

workers, or employees

of a nonprofit social

club or fraternal,

charitable, educational,

religious, scientific, or

literary association.

N.H. Rev. Stat. Ann. §

275:36

Equal pay law:

Sex

N.H. Rev. Stat. Ann. §

275:

Fair employment

practices law:

Age, sex, gender

identity, race, color,

marital status, physical

or mental disability,

religious creed,

national origin, or

sexual orientation,

unless this

discrimination is based

on a bona fide

occupational

qualification.

Equal pay law:

Employers cannot discriminate based on sex by

paying employees of one sex at rates that are less

than the rates paid to employees of the opposite

sex for equal work that requires equal skill, effort,

and responsibility under similar working

conditions. Employers that violate these

prohibitions cannot reduce any employee's wage

rate to comply with the prohibitions.

N.H. Rev. Stat. Ann. § 275:37

Fair employment practices law:

Employers cannot discriminate in compensation

based on age, sex, gender identity, race, color,

marital status, physical or mental disability,

religious creed, national origin, or sexual

orientation, unless this discrimination is based on

a bona fide occupational qualification.

N.H. Rev. Stat. Ann. §§ 354-A:2, 354-A:7

Statutory Language: N.H. Rev. Stat. Ann. § 275:37

Equal Pay.

“I. No employer or person seeking employees

shall discriminate between employees on the

basis of sex by paying employees of one sex at a

rate less than the rate paid to employees of the

other sex for equal work that requires equal skill,

effort, and responsibility and is performed under

similar working conditions, except where such

payment is made pursuant to:

A seniority system;

A merit or performance-based system; A system

which measures earnings by quantity or quality of

production;

Expertise; Shift differentials;

demonstrable factor other than sex, such as

education, training, or experience.

“II. An employer who is paying wages in violation of

this section shall not reduce the wage rate of any

other employee in

order to comply with this

section.”

Employers can pay

different rates pursuant

to:

seniority, merit, or

performance-based

systems;

systems that measure

earnings by production

quantity or quality;

expertise;

shift differentials; and

demonstrable factors

other than sex, such as

education, training, or

experience.

Fair employment

practices law:

Employers cannot

discriminate in

compensation based

on age, sex, gender

identity, race, color,

marital status, physical

or mental disability,

religious creed,

national origin, or

sexual orientation,

unless this

discrimination is based

on a bona fide

occupational

qualification.

N/A

Employers cannot

discharge or otherwise

discriminate against

employees because

they:

make charges, file

complaints, or initiate

investigations

(including investigations

by employers),

proceedings, hearings,

or lawsuits related to

the Equal pay law; or

testify, plan to testify,

assist, or otherwise

participate in these

investigations,

proceedings, hearings,

or lawsuits.

N.H. Rev. Stat. Ann. §

275:38-a

Employers that violate

the Equal pay law are

guilty of a violation or

misdemeanor and fined

up to $2,500. They also

can be ordered to stop

doing business at

affected facilities, pay

up to $2,500 in

additional fines, and

pay any unpaid wages

due to employees plus

an equal amount in

liquidated damages.

N.H. Rev. Stat. Ann. §§

273:11 to 273:11-a,

275:39 to 275:40,

275:41-a

Coverage: Equal pay

law: N.H. Rev. Stat.

Ann. § 275:36

Fair employment

practices law: N.H. Rev.

Stat. Ann. § 354-A:2

Pay Discrimination

Prohibitions: Equal pay

law: N.H. Rev. Stat.

Ann. § 275:37

Fair employment

practices law: N.H. Rev.

Stat. Ann. §§ 354-A:2,

354-A:7

Wage Disclosure: Equal

pay law: N.H. Rev. Stat.

Ann. §§ 275:

38-a,

275:41-b

Retaliation Prohibition:

Equal pay law: N.H.

Rev. Stat. Ann. §

275:38-a

Penalties/Remedies:

Equal pay law: N.H.

Rev. Stat. Ann. §§

273:11 to 273:11-a,

275:39 to 275:40,

275:41-a

New Hampshire Laws:

http://www.gencourt.sta

te.nh.us/rsa/html/nhtoc.

htm

New Hampshire

Department of Labor:

https://www.nh.gov/labo

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 48

November 10, 2021

New Jersey

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

New Jersey

Public and private

employers and their

agents are covered by

the Equal pay law. The

law does not apply to

nonprofit hospital

associations or

corporations.

Employees do not

include volunteers for

nonprofit organizations

or corporations and

farm, domestic service,

or hotel workers.

Notification

requirements and

mandatory

poster:

Public and private

employers in New

Jersey are covered by

the law's

notification

requirements and

mandatory

poster

provisions if they have

50 or more employees

(as defined above) who

work in or outside the

state.

N.J. Stat. Ann. §§ 34:11-

56.1, 34:11-

56.12

N.J. Admin. Code §

12:2-2.2

Public and private

employers and

employment agencies

are covered by the

salary history law.

N.J. Stat. Ann. § 34:6B-

Equal pay law:

Sex

N.J. Stat. Ann. § 34:11-

56.2

Fair employment

practices law:

Protected class, which

means:

race, creed, color, age,

affectional or sexual

orientation, pregnancy,

breastfeeding, sex,

gender

identity or

expression, disability,

or liability for service in

the U.S. armed forces;

national origin,

ancestry, or nationality;

marital, civil union, or

domestic partnership

status;

genetic information,

atypical hereditary

cellular or blood trait, a

refusal to submit to a

genetic test, or a refusal

to make genetic test

results available.

Fair employment

practices law

: N.J. Stat.

Ann. §§ 10:5-

5, 10:5-

12, 10:5-12.6

Equal pay law:

Employers cannot discriminate in wage rates or

payment methods based on sex.

N.J. Stat. Ann. § 34:11-56.2

Statutory Language: N.J. Stat. Ann. § 34:11-56.2.

Discrimination in pay based on sex prohibited

“No employer shall discriminate in any way in the

rate or method of payment of wages to any

employee because of his or

her sex. A differential

in pay between employees based on a reasonable

factor or factors other than sex shall not

constitute

discrimination within the meaning of this section.”

Fair employment practices law:

Employers cannot discriminate in compensation or

terms, conditions, and privileges of employment

based on a protected class. However, they can

discriminate based on competence, performance,

conduct, or other reasonable standards.

Discrimination in compensation or the financial

terms or conditions of employment occurs each

time employees are affected by the application of

discriminatory compensation decisions or other

practices, including each time they are paid

wages, benefits, or other compensation resulting

in any way from these decisions or practices.

Employers also cannot pay employees who are

members of a protected class at a rate of

compensation or benefits that is less than the rate

paid to other employees for substantially similar

work in terms of skill, effort, and responsibility.

Employers that violate this prohibition cannot

reduce any employee's rate of compensation or

benefits in order to comply with the prohibition.

Wage rate comparisons are based on wage rates

in all of an employer's operations or facilities.

Employers cannot require employees and

applicants to waive any of the protections

provided by the Fair employment practices law.

No person (as defined in N.J. Stat. Ann. § 10:5-5)

can aid, abet, incite, compel, or coerce unlawful

discriminatory acts or

attempt to do so.

Fair employment practices law: N.J. Stat. Ann. §§

10:5-5, 10:5-12, 10:5-12.6

Salary history: Effective Jan. 1, 2020, employers

who use salary history to screen a job applicant

who is a member of a

protected class, as defined in

N.J. Stat. Ann. § 10:5-12, or who require that the

salary history of an applicant who is a

member of a

Equal pay law:

Employers can pay

differentials based on

reasonable factors

other than sex.

Fair employment

practices law:

Employers can pay

different rates of

compensation or

benefits if they can

show that this

differential is pursuant

to seniority or merit

systems or if they can

show that:

the differential is based

on one or more

legitimate, bona fide

factors other than the

characteristics of a

protected class, such

as training, education,

experience, or

production quantity or

quality;

these factors are not

based on, and do not

perpetuate the

differential based on,

the characteristics of a

protected class;

each of the factors is

reasonably applied;

one or more of the

factors account for the

entire differential;

the factors are job-

related for affected

positions;

the factors are based

on a legitimate

business necessity;

and

there is no alternative

that would serve the

same business purpose

without producing the

differential.

Effective Jan. 1, 2020,

employers commit an

unlawful employment

practice if they screen

job applicants based on

their salary history,

including, but not

limited to, wages,

salaries, and benefits.

They also cannot

require that a job

applicant's salary

history satisfies a

minimum or maximum

criteria.

Effective Jan. 1, 2020,

employers may verify a

job applicant's salary

history or consider

salary history in

determining what salary

and benefits to offer to

an applicant, but only if

the applicant voluntarily

offers their salary

history without any

prompting.

Effective Jan. 1, 2020,

where salary history

information is publicly

available, an employer

may acquire that

information, but the

employer cannot retain

or consider that

information in

determining the salary

of an applicant, unless

the applicant

volunteers their salary

history without

prompting.

Effective Jan. 1, 2020,

employers cannot

consider a job

applicant's refusal to

volunteer salary history

information while

making any

employment decisions.

Employers cannot

discharge or otherwise

discriminate against

employees because

they make complaints

to employers, the New

Jersey Department of

Labor and Workforce

Development, or other

people related to the

Equal pay law; initiate

or trigger proceedings

related to the law; or

testify or are about to

testify in these

proceedings.

N.J. Stat. Ann. §§ 34:11-

56.1, 34:11-56.6

Employers that willfully

violate the Equal pay

law or the retaliation

prohibition are guilty of

a misdemeanor and

fined

$50 to $200,

imprisoned for 10 to 90

days, or both.

Employers that are

sued also can be

ordered to pay:

The full amount of

salary or wages owed

to employees;

An additional equal

amount as liquidated

damages; and

Reasonable attorneys'

fees and costs.

N.J. Stat. Ann. §§ 34:11-

56.6, 34:11-56.8

Coverage: Equal pay

law: N.J. Stat. Ann. §§

34:11-56.1, 34:11-

56.12

N.J. Admin. Code §

12:2-2.2

Fair employment

practices law: N.J. Stat.

Ann. §§ 10:5-5, 10:5-

12, 10:5-12.6

Pay Discrimination

Prohibitions: Equal Pay

:aw: N.J. Stat. Ann. §

34:11-56.2

Fair employment

practices law: N.J. Stat.

Ann. §§ 10:5-3, 10:5-

12, 10:5-12.6

N.J. Admin. Code §

13:13-2.6

Wage Disclosure: Fair

Employment Practices

Law: N.J. Stat. Ann. §

10:5-12

Salary History: Salary

history law: N.J. Stat.

Ann. §§ 34:6B-20,

10:5-

12.12

Retaliation Prohibition:

Equal pay law: N.J. Stat.

Ann. §§ 34:11-

56.1,

34:11-56.6

Penalties/Remedies:

Equal pay law: N.J. Stat.

Ann. §§ 34:11-

56.6,

34:11-56.8

Fair employment

practices law: N.J. Stat.

Ann. §§ 10:5-5, 10:5-

to 10:5-13 (2019 N.J.

Laws 436 (S.B. 3878)),

10:5-17

New Jersey Laws:

http://www.njleg.state.nj

.us/

New Jersey

Regulations:

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 49

November 10, 2021

New Jersey

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

protected class satisfy a minimum or maximum

criteria, violate the fair employment law.

N.J. Stat. Ann. § 10:5-12.12

Effective Jan. 1, 2020,

employers may request

that an applicant

provide a written

authorization to confirm

their salary history, but

only after the employer

has made an offer of

employment to that

applicant, and the offer

includes an explanation

of the entire

compensation package.

Effective Jan. 1, 2020,

these provisions do not

apply to:

internal transfers or

promotions with an

employee's current

employer, or use by an

employer of previously

acquired knowledge of

an applicant's salary

history due to prior

employment with the

employer;

internal transfers or

promotions with an

employee's current

employer, or use by an

employer of previously

acquired knowledge of

an applicant's salary

history due to prior

employment with the

employer;

employer actions

pursuant to federal

laws or regulations that

expressly require the

disclosure or

verification of salary

history for employment

purposes, or require

knowledge of salary

history to determine an

employee's

compensation;

attempts by an

employer to obtain or

verify non-salary

information as part of a

background check, as

long as the employer

http://www.state.nj.us/o

al/rules.html

New Jersey

Department of Labor

and Workforce

Development:

https://nj.gov/labor/

New Jersey

Department of Law and

Public Safety, Office of

the Attorney General,

Division on Civil Rights:

https://www.nj.

gov/lps/dcr/index.html

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 50

November 10, 2021

New Jersey

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

specifies in the

information request that

salary history should

not be disclosed, and

as long as the employer

does not retain any

salary history

information received as

part of the background

check and does not

consider that disclosed

information while

determining an

applicant's

compensation package;

and

employer inquiries

about a job applicant's

experience with

incentive and

commission plans, but

only if the opening for

which the applicant is

being considered

includes such a plan as

part of the total

compensation package.

Effective Jan. 1, 2020,

employers may provide

a job applicant with

salary information or

wage rates set by

collective bargaining

agreements or by

statute, and may pay

those rates if the

applicant is hired.

Effective Jan. 1, 2020,

employers who recruit

employees or do

business in at least one

state other than New

Jersey may include a

salary history inquiry on

their employment

applications, so long as

a statement

immediately precedes

that inquiry instructing

applicants for positions

physically located in

New Jersey to not

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 51

November 10, 2021

New Jersey

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

answer the salary

history inquiry.

Effective Jan. 1, 2020,

employers also violate

New Jersey's fair

employment law (N.J.

Stat. Ann. §§ 10:5-1 to

10:5-49) if they

unlawfully use salary

history to screen job

applicants who are

members of a

protected class, or if

they require that the

salary history of the

applicant who is a

member of a protected

class satisfies a

minimum or maximum

criteria. N.J. Stat. Ann.

§§ 34:6B-20, 10:5-

12.12

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 52

November 10, 2021

New Mexico

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

New Mexico

Public and private

employers (and their

agents) with four or

more employees are

covered by the Equal

pay law.

N.M. Stat. Ann. § 28-23-

Equal pay law:

Sex

N.M. Stat. Ann. § 28-23-

Fair employment

practices law:

race, age, religion,

color, national origin,

ancestry, sex, physical

or mental handicap,

serious medical

condition, spousal

affiliation,

sexual

orientation, gender

identity, or, effective

May 20, 2020,

pregnancy, childbirth,

or related conditions

unless such

discrimination is based

on a bona fide

occupational

qualification or another

statutory prohibition.

N.M.

Stat. Ann. §§ 28-1-

2, 28-1-7

(2020 N.M. Laws 49

(H.B.

25)).

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort and

responsibility under similar working conditions in

the same establishment. Wage means

compensation for performance of employee

services, including the cash value of all

compensation paid in any medium other than

cash. Employers also cannot reduce employees'

wages to comply with the Equal pay law. N.M.

Stat. Ann. § 28-23-3.

Fair employment practices law:

Employers cannot discriminate in compensation

against otherwise qualified employees based on

race, age, religion, color, national origin, ancestry,

sex, physical or mental handicap, serious medical

condition, spousal affiliation, sexual orientation,

gender identity, or, effective May 20, 2020,

pregnancy, childbirth, or related conditions unless

such discrimination is based on a bona fide

occupational qualification or another statutory

prohibition.

N.M. Stat. Ann. §§ 28-1-2, 28-1-7 (2020 N.M. Laws

49 (H.B. 25))

Statutory Language: N.M. Stat. Ann. § 28-23-3.

Prohibition on paying employees less for same work

“A. No employer shall discriminate, within any

establishment in which such employees are

employed, between employees on the basis of

sex by paying wages to employees in the

establishment at a rate less than the rate that the

employer pays wages to employees of the

opposite sex in the establishment for equal work

on jobs the performance of which requires equal

skill, effort and responsibility and that are

performed under similar working conditions,

except where the payment is made pursuant to a:

seniority system;

merit system; or system that

measures earnings by quantity or quality of

production.

B. An employer shall not reduce the

wage of an employee to comply with this section.

C. No agreement between an employer and an

employee for a specific wage in violation of the Fair

Pay for Women Act shall prevent the employee from

raising a claim based on a violation of the Fair Pay

for Women Act.”

Equal pay law:

Employers can pay

wage differentials

pursuant to seniority or

merit systems or

systems that measure

earnings by production

quantity or quality.

N.M. Stat. Ann. §§ 28-

23-2, 28-23-3

Fair employment

practices law:

Employers cannot

discriminate in

compensation against

otherwise qualified

employees based on

race, age, religion,

color, national origin,

ancestry, sex, physical

or mental handicap,

serious medical

condition, spousal

affiliation, sexual

orientation, gender

identity, or, effective

May 20, 2020,

pregnancy, childbirth,

or related conditions

unless such

discrimination is based

on a bona fide

occupational

qualification or another

statutory prohibition.

Fair employment

practices law: N.M. Stat.

Ann.

§§ 28-1-2, 28-1-7 (2020

N.M. Laws 49 (H.B.

25))

N/A

Employers and their

agents cannot

discharge, demote,

deny promotion to or

otherwise discriminate

against employees for

asserting claims under

the Equal pay law,

assisting others in

asserting such claims

or informing others

about their rights under

the law.

N.M. Stat. Ann. § 28-23-

Employers that violate

the Equal pay law can

be ordered by the New

Mexico Human Rights

Commission to:

stop discriminatory

practices;

take further

affirmative action,

including reporting

compliance with

commission orders;

and pay actual

damages and

reasonable attorneys'

fees

Employers that are

sued can be ordered to:

hire, reinstate and

promote employees;

stop discriminatory

practices;

post notice in

their place of business

describing violations or

a copy of a cease and

desist order; pay

employees unpaid

wages (limited to six

years prior to the date

of the last pay violation)

and damages from

retaliation; pay actual,

triple and punitive

damages; pay costs

and reasonable

attorneys' fees; and

comply with other court

orders.

Employers might not be

ordered to pay triple

damages or any other

amount exceeding the

amounts established in

the Equal pay law if

employers establish

that any action was

taken in good faith and

with reasonable

grounds for believing

such action did not

violate the law.

N.M. Stat. Ann. § 28-23-

Coverage: Equal pay

law: N.M. Stat. Ann. §

28-23-2

Fair employment

practices law: N.M. Stat.

Ann. §§ 28-1-2, 28-1-

N.M. Code R. § 9.1.1.7

Pay Discrimination

Prohibitions: Equal pay

law: N.M. Stat. Ann.

§§ 28-23-2, 28-23-3

Fair employment

practices law: N.M. Stat.

Ann. §§ 28-1-2, 28-1-

(2020 N.M. Laws 49

(H.B. 25))

Retaliation Prohibition:

Equal pay law: N.M.

Stat. Ann. § 28-23-5

Penalties/Remedies:

Equal pay law: N.M.

Stat. Ann. § 28-23-6

New Mexico Laws:

http://www.newmexico.

gov/

New Mexico

Regulations:

http://www.nmcpr.state.n

m.us/nmac/

New Mexico

Department of

Workforce Solutions,

Labor Relations

Division, Human Rights

Bureau:

http://www.dws.state.

nm.us/LaborRelations/

HumanRights/Informati

New Mexico Human

Rights Commission:

http://governor.state.

nm.us/Human_Rights.a

spx

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 53

November 10, 2021

New York

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

New York

All employers in New

York are covered by the

Fair employment

practices law.

Employees exclude

domestic service

workers, except under

the harassment

provisions, and people

employed by their

parent, spouse, or

child. Special

provisions apply to

licensing agencies,

employment agencies,

labor organizations,

and certain religious

employers. Any person

(as defined in N.

Y. Exec. Law § 292) is

covered by the

prohibitions against

aiding, abetting,

inciting, compelling, or

coercing unlawful

discriminatory acts.

N.Y. Exec. Law §§ 292,

296 (2019 N.Y. Laws

160 (S.B. 6577); 2019

N.Y. Laws

161 (S.B.

6594)

Employees and interns

are covered under this

law.

Protected Classes

applies to equal pay

and fair employment

discrimination law.

Protected classes

include: age (18 and

older), race, creed,

color, national origin,

sexual orientation,

gender identity or

expression, military

status, sex, disability,

predisposing genetic

characteristics, familial

status (including

pregnancy), marital

status, or domestic

violence victim status.

National origin

includes

ancestry. N.Y. Lab.

Law

§§ 190, 194 (2019 N.Y.

Laws 93 (S.B. 5248))

Fair employment practices law:

Employers cannot discriminate in compensation

based on age (18 and older), race, creed, color,

national origin, sexual orientation, gender identity

or expression, military status, sex, disability,

predisposing genetic characteristics, familial

status (including pregnancy), marital status, or

domestic violence victim status. National origin

includes ancestry.

No person (as defined in N.Y. Exec. Law § 292) can

aid, abet, incite, compel, or coerce unlawful

discriminatory acts or try

to do so.

No employees: It is unlawful for an employer to

permit unlawful discrimination against non-

employees in its workplace. Nonemployees

include contractors, subcontractors, vendors,

consultants, or other persons providing services

pursuant to

a contract in the workplace. An

employer may be held liable for discrimination

against a nonemployee when the employer,

its

agents, or supervisors knew or should have known

that such nonemployee was subjected to an

unlawful discriminatory practice in the workplace,

and the employer failed to take immediate and

appropriate corrective action. The extent of the

employer's control and any other legal

responsibility the employer might have over the

person who engaged in discriminatory conduct is

considered when liability is determined.

Agreements and waivers: Certain agreements,

clauses, covenants, and waivers related to the

Fair employment practices law are invalid.

N.Y. Exec. Law §§ 292, 296 (2019 N.Y. Laws 160

(S.B. 6577); 2019 N.Y. Laws 161 (S.B. 6594))

Equal pay law:

Subject to the exceptions below, employers

cannot pay employees or interns who are

members of protected classes under the Fair

employment practices law wage rates that are

lower than the wage rates paid to employees or

interns who are not members of the same

protected classes for:

equal work that requires equal skill, effort, and

responsibility under similar working conditions in

the same establishment; or

substantially similar work, when viewed as a

composite of skill, effort, and responsibility, and

performed under similar working conditions in the

same establishment.

Employers can pay

different wage rates

pursuant to:

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality; or

bona fide factors other

than status within one

or more protected

classes, such as

education, training, or

experience.

Any such bona fide

factors cannot be

based upon or derived

from a differential in

pay based on status in

one or more protected

classes and must be

job-related and

consistent with

business necessity.

Business necessity

means that a factor

bears a manifest

relationship to the job

in question.

Employers cannot pay

different wage rates

pursuant to bona fide

factors other than sex if

employees can show

that:

these pay practices

result in pay

differentials based on

status within one or

more protected classes

(disparate impact);

alternative pay

practices would serve

the same business

purpose without

resulting in such pay

differentials; and

employers refuse to

adopt such alternative

pay practices.

Equal pay law (effective

Jan. 6, 2020):

Employers cannot:

rely on applicants' wage

or salary history in

deciding whether to

offer them employment

or determining their

wages or salary;

seek, request, or

require (orally or in

writing) applicants' or

employees' wage or

salary history as a

condition of

employment or

promotion, or as a

condition of being

interviewed or

continuing to be

considered for

employment;

seek, request, or

require (orally or in

writing) applicants' or

employees' wage or

salary history from a

current or former

employer or employee,

or an agent of such an

employer, except as

provided below;

refuse to interview, hire,

promote, employ, or

otherwise retaliate

against applicants or

employees based on

their prior wage or

salary history;

refuse to interview, hire,

promote, employ, or

otherwise retaliate

against applicants or

employees because

they do not provide

their wage or salary

history; or

refuse to interview,

hire, promote, employ,

or otherwise retaliate

against applicants,

employees, or former

employees who file

complaints with the

New York State

Employers cannot:

retaliate against

applicants or

employees based on

their prior wage or

salary history;

retaliate against

applicants or

employees because

they do not provide

their wage or salary

history; or

retaliate against

applicants, employees,

or former employees

who file complaints with

the New York State

Department of Labor

alleging violations of

the salary history

provisions.

N.Y. Lab. Law § 194-a

(2019 N.Y. Laws 94

(S.B. 6549)

Employers cannot

discharge, threaten,

penalize, or otherwise

discriminate or retaliate

against employees

because:

they make complaints

to anyone, including

their employer, the New

York State Department

of Labor, or the New

York attorney general's

office, about employer

conduct that they

reasonably believe

violates the state's

labor law or department

orders;

employers or other

people believe that

employees made those

complaints;

they initiate or are

about to initiate

proceedings related to

the labor law;

they provide information

to the department or

attorney general;

Employers that fail to

pay wages in

accordance with the

Equal pay law are guilty

of a misdemeanor and

fined $500 to $20,000

or imprisoned for up to

one year for a first

violation. For each

subsequent violation

that occurs within six

years of a conviction

for a prior violation,

employers are guilty of

a felony and fined $500

to $20,000, imprisoned

for up to one year plus

one day, or fined and

imprisoned. The same

penalties apply to

officers or agents of

corporations,

partnerships, or limited

liability companies if

they knowingly permit

these violations.

Employers that

otherwise violate or fail

to comply with the law

are guilty of a

misdemeanor and fined

up to $100 for a first

offense; fined $100 to

$500, imprisoned for up

to 30 days, or fined and

imprisoned for a second

offense; and fined at

least

$300, imprisoned for up

to 60 days, or fined and

imprisoned for a

subsequent offense.

The same penalties

apply to employers'

agents or employees

who violate or fail to

comply with the law.

They also apply to

officers or agents of

corporations if they

knowingly permit these

violations.

The New York State

Department of Labor

Coverage: Fair

employment practices

law: N.Y. Exec. Law §§

292, 296 (2019 N.Y.

Laws 160 (S.B. 6577);

2019 N.Y. Laws 161

(S.B. 6594))

Pay Discrimination

Prohibitions: Fair

employment practices

law:

N.Y. Exec. Law §§

292, 296 (2019 N.Y.

Laws 160 (S.B. 6577);

2019 N.Y. Laws 161

(S.B. 6594))

Wage Disclosure: Equal

pay law: N.Y. Lab. Law

§ 194

N.Y. Comp. Codes R. &

Regs. tit. 12, §§ 194-1.1

to 194-1.4

Salary History: Equal

pay law: N.Y. Lab. Law

§ 194-a (2019 N.Y.

Laws 94 (S.B. 6549))

Retaliation Prohibition:

Equal pay law: N.Y. Lab.

Law § 194-a

(2019 N.Y.

Laws 94 (S.B. 6549))

Penalties/Remedies:

Equal pay law: N.Y. Lab.

Law §§ 2, 194-a (2019

N.Y. Laws 94 (S.B.

6549)), 196, 197 to 198-

a, 213, 218,

219, 219-c

New York Laws:

http://public.leginfo.stat

e.ny.us/lawssrch.cgi?

NVLWO:

New York Regulations:

https://www.dos.ny.gov/i

nfo/nycrr.html

New York State

Department of Labor:

http://www.labor.state.ny

us/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 54

November 10, 2021

New York

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Protected classes under the Fair employment

practices law include: age, race, creed, color,

national origin, sexual orientation, gender identity

or expression, military status, sex, disability,

predisposing genetic characteristics, familial

status (including pregnancy), marital status, and

domestic violence victim status; any employee

otherwise protected from

discrimination under N.Y.

Exec. Law § 296(1)(a) to (1)(c); and any intern

protected from discrimination under N.Y. Exec.

Law § 296-c. Wages include earnings based on

time, piece, commission, or other factors and

certain wage and benefit supplements.

Employees work in the same establishment if they

work for the same employer in the same county or

smaller geographical region.

N.Y. Lab. Law §§ 190, 194 (2019 N.Y. Laws 93

(S.B. 5248))

Statutory Language: N.Y. Lab. Law § 194.

Differential in rate of pay because of protected class

status prohibited

“1. No employee with status within one or more

protected class or classes shall be paid a wage at

a rate less than the rate at which an employee

without status within the same protected class or

classes in the same establishment is paid for: (a)

equal work on a job the performance of which

requires equal skill, effort and responsibility, and

which is performed under similar working

conditions, or (b) substantially similar work, when

viewed as a composite of skill, effort, and

responsibility, and performed under similar

working conditions; except where payment is

made pursuant to a differential based on:

a seniority system;

a merit system;

a system which measures earnings by quantity or

quality of production; or (iv) a bona fide factor

other than status within one or more protected

class or classes, such as education, training, or

experience. Such factor: (A) shall not be based

upon or derived from a differential in

compensation based on status within one or more

protected class or classes and (B) shall be job-

related with respect to the position in question and

shall be consistent with business necessity. Such

exception under this paragraph shall not apply

when the employee demonstrates (1) that an

employer uses a particular employment practice

that causes a disparate impact on the basis of

status within one or more protected class or

classes,

Department of Labor

alleging violations of

the salary history

provisions.

Employers can confirm

wage or salary history

only if, at the time that

an employment offer

with compensation is

made, the applicant or

employee responds to

the offer by providing

wage or salary history

information to support a

wage or salary higher

than the wage or salary

offered by the

employer. Employees

and applicants can

voluntarily (and without

prompting) disclose or

verify their wage or

salary history, such as

for purposes of salary

negotiations.

These provisions do not

supersede any federal,

state, or local law

enacted prior to Jan. 6,

2020, that requires the

disclosure or

verification of salary

history information to

determine employees'

compensation. They

also do not affect any

applicants', employees',

or former employees'

rights under any other

laws or regulations,

collective bargaining

agreements, or

employment contracts.

N.Y. Lab. Law § 194-a

(2019 N.Y. Laws 94

(S.B. 6549))

they testify or are about

to testify in

investigations or

proceedings under the

labor law;

they otherwise exercise

their rights under the

labor law; or

they are involved in an

adverse determination

received by employers

from the department.

Effective Oct. 25, 2019,

to threaten, penalize, or

otherwise discriminate

or retaliate against

employees includes:

contacting or

threatening to contact

federal immigration

authorities;

otherwise reporting or

threatening to report

employees' suspected

citizenship or

immigration status to

federal, state, or local

agencies; and

otherwise reporting or

threatening to report

the suspected

citizenship or

immigration status of

employees' family or

household members (as

defined in N.Y. Soc.

Serv. Law § 459-

a) to

federal, state, or local

agencies.

N.Y. Lab. Law §§ 1 to 2,

10, 21, 215 (2019 N.Y.

Laws 126 (S.

5791))

can order employers

that violate the law to:

comply with law;

pay the amount of any

wages owed to

employees for the six-

year period preceding

the initiation of the

administrative action;

pay an additional

amount (the amount of

any wages owed to

employees or up to

three times that amount

for willful violations) as

liquidated damages,

unless they prove a

good- faith basis for

believing they were in

compliance with the

law;

pay a fine of $500 for

each violation;

pay an additional fine of

up to twice the amount

of wages owed to

employees for repeat,

willful, or egregious

violations;

pay interest on any

wages owed to

employees, from the

date of underpayment

until the date of

payment;

pay a fine of up to

$1,000 for a first

violation, $2,000 for a

second violation, and

$3,000 for a

subsequent violation

that does not involve

failing to pay wages

owed to employees;

pay an additional 15

percent penalty on the

total judgment amount;

post a notice of

violations and other

relevant information, in

an area visible to

employees, for up to

one year;

post a notice of willful

failures to pay wages

New York State

Industrial Board of

Appeals:

http:

//industrialappeals.

ny.gov/

New York State Office of

the Attorney General:

https://ag.ny.

gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 55

November 10, 2021

New York

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

(2) that an alternative employment practice exists

that would serve the same business purpose and

not produce such differential, and (3) that the

employer has refused to adopt such alternative

practice.”

“2. For the purpose of subdivision one of this

section: (a) “business necessity” shall be defined

as a factor that bears a manifest relationship to

the employment in question, and (b) “protected

class” shall include age, race, creed, color,

national origin, sexual orientation, gender identity

or expression, military status, sex, disability,

predisposing genetic characteristics, familial

status, marital status, or domestic violence victim

status, and any employee protected from

discrimination pursuant to paragraphs (a), (b),

and (c) of subdivision one of section two hundred

ninety-six and any intern protected from

discrimination pursuant to section two hundred

ninety-six-c of the executive law.”

“3. For the purposes of subdivision one of this

section, employees shall be deemed to work in

the same establishment if the employees work for

the same employer at workplaces located in the

same geographical region, no larger than a

county, taking into account population distribution,

economic activity, and/or the presence of

municipalities.”

“4. (a) No employer shall prohibit an employee

from inquiring about, discussing, or disclosing the

wages of such employee or another employee.”

“(b) An employer may, in a written policy provided to

all employees, establish reasonable workplace and

workday

limitations on the time, place and manner

for inquires about, discussion of, or the disclosure

of wages. Such limitations shall be consistent with

standards promulgated by the commissioner and

shall be consistent with all other state and federal

laws. Such limitations may include prohibiting an

employee from discussing or disclosing the wages

of another employee without such employee's

prior permission.

“(c) Nothing in this subdivision shall require an

employee to disclose his or her wages. The

failure of an employee to adhere to such

reasonable limitations in such written policy shall

be an affirmative defense to any claims made

against an employer under this subdivision,

provided that any adverse employment action

taken by the employer was for failure to adhere to

such reasonable limitations and not for mere

inquiry, discussion or disclosure of wages in

accordance with such reasonable limitations in

such written policy.

as required, in an area

visible to the public, for

up to 90 days; and

report certain statistics

on their employees,

including wage rates

and work hours, if they

committed repeat,

willful, or egregious

violations.

If a successor employer

is similar in operation

and ownership to a

prior employer that was

found in violation of the

law, they are

considered the same

employer under the

department's order and

the successor employer

is subject to the order.

The successor

employer is similar if its

work, work conditions,

and supervisors or its

production process,

products, and

customers are

substantively the same.

Employers that are

sued for wage claims,

by employees or the

department, also can

be ordered to:

pay the amount of any

wages owed to

employees (plus

prejudgment interest)

for the six-year period

preceding the filing of

the lawsuit;

pay an additional

amount (the amount of

any wages owed to

employees or up to

three times that amount

for willful violations) as

liquidated damages,

unless they prove a

good- faith basis for

believing they were in

compliance with the

law;

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 56

November 10, 2021

New York

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

“(d) This prohibition shall not apply to instances in

which an employee who has access to the wage

information of other employees as a part of such

employee's essential job functions discloses the

wages of such other employees to individuals who

do not otherwise have access to such information,

unless such disclosure is in response to a

complaint or charge, or in furtherance of an

investigation, proceeding, hearing, or action under

this chapter, including an investigation conducted

by the employer.

“(e) Nothing in this section shall be construed to

limit the rights of an employee provided under any

other provision of law or collective bargaining

agreement.”

pay a 15 percent

penalty on the total

judgment amount if any

part remains unpaid for

more than 90 days after

the judgment is issued

or 90 days after the

time to appeal expires

(and no appeal is

pending), whichever

date is later;

pay a fine of $500 for

each violation (if sued

by the department);

and

pay reasonable

attorneys' fees and

costs, including up to

$50 for expenses.

If the department sues

employers for failing to

deposit a bond as

required, they can be

ordered to stop doing

business (until this

requirement is met) and

otherwise compelled to

comply. If it sues them

for failing to provide an

accounting of their

assets, they can be

fined up to $10,000 and

otherwise compelled to

comply.

Salary history (effective

Jan. 6, 2020): In

addition to the

penalties/remedies

above, employers that

violate the salary

history provisions are

subject to any damages

sustained by

applicants, employees,

or former employees as

a result of the violation,

injunctive relief, and

reasonable attorneys'

fees.

N.Y. Lab. Law §§ 2,

194-a (2019 N.Y. Laws

94 (S.B. 6549)),

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 57

November 10, 2021

New York

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

196, 197 to 198-a, 213,

218, 219, 219-c

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 58

November 10, 2021

North Carolina

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

North Carolina

Public and private

employers with 15 or

more full-time

employees in North

Carolina are covered

by the pay

discrimination

prohibitions, excluding

employers that only

employ domestic

service or farm workers

at their home or farm.

Employment agencies,

labor organizations and

apprenticeship or other

training programs also

are covered by the

prohibitions.

N.C. Gen. Stat. § 168A-

Disability

N.C. Gen. Stat. § 168A-

Employers cannot discriminate in compensation

based on disability. For more information, see

North Carolina Disability Discrimination. N.C. Gen.

Stat. § 168A-5

State agencies are

prohibited from

requesting salary

history from applicants.

State agencies may not

rely upon previously

obtained prior salary

information in

determining an

applicant’s salary.

Executive Order No. 93

Employers cannot

discharge, expel, refuse

to hire or otherwise

discriminate against

employees and

applicants because

they oppose

discriminatory practices

or because they testify,

assist or otherwise

participate in anti-

discrimination

proceedings.

Employers also cannot

retaliate against,

coerce, intimidate,

threaten or interfere

with employees and

applicants who

exercise their rights or

assist others in

exercising their rights

under the pay

discrimination

prohibitions.

N.C. Gen. Stat. § 168A-

Employers that are

sued for violating the

pay discrimination

prohibitions, including

the related retaliation

prohibition, can be

ordered to:

stop violations;

hire applicants or

reinstate employees;

pay back pay for a

period of up to two

years before the lawsuit

was filed; and

pay reasonable

attorneys' fees.

N.C. Gen. Stat. § 168A-

N.C. Gen. Stat. §§

168A-3, 168A-5, 168A-

9 to 168A-12

Salary History: Executive

Order No. 93

North Carolina Laws:

http://www.ncleg.

net/gascripts/Statutes/

Statutes.asp

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 59

November 10, 2021

North Dakota

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

North Dakota

Public and private

employers that employ

men and women are

covered by the Equal

pay law.

N.D. Cent. Code § 34-

06.1-02

Equal pay law:

Sex

N.D. Cent. Code Ann. §

34-

06.1-03

Fair employment

practices law:

race, color, religion,

sex, national origin, age

(40 and older), physical

or mental disability,

marital or public

assistance status or

participation in lawful

activities, such as

smoking, off employer

premises during

nonwork hours (if those

activities do not directly

conflict with employers'

essential

business-

related interests).

Equal pay law:

Employers cannot pay employees of one sex

wage rates that are lower than the wage rates

paid to employees of the opposite sex for

comparable work that requires comparable skill,

effort and responsibility in the same

establishment. Wage rates cover all compensation

for employment, including amounts paid by

employers for employee benefits. Employers that

pay wage differentials in violation of the Equal pay

law cannot reduce employees' wage rate to

comply with the law.

Unlawful pay discrimination occurs when:

employers adopt discriminatory compensation

decisions or practices;

employees become subject

to discriminatory compensation decisions or

practices; or employees are affected by

discriminatory compensation decisions or

practices, including each time discriminatory

wages, benefits or other compensation are paid.

N.D. Cent. Code §§ 34-06.1-01 to 34-06.1-03

Statutory Language: N.D. Cent. Code Ann. § 34-

06.1-03. Prohibition of discrimination “1. An

employer may not discriminate between employees

in the same establishment on the basis of gender,

by paying

wages to any employee in any

occupation in this state at a rate less than the rate

at which the employer pays any employee of the

opposite gender for comparable work on jobs that

have comparable requirements relating to skill,

effort, and responsibility. Differentials that are paid

pursuant to established seniority systems,

systems that measure earnings by quantity or

quality of production, merit systems, or a bona fide

factor other than gender, such as education,

training, or experience, and which do not

discriminate on the basis of gender, are not within

this prohibition.

An employer that is paying a wage differential in

violation of this chapter may not, in order to

comply with this chapter, reduce the wage rates of

any employee.

A person may not cause or attempt to cause an

employer to discriminate against any employee in

violation of this

chapter.

An employer may not discharge or discriminate

against an employee by reason of any action

taken by the employee to invoke or assist in any

manner the enforcement of this chapter, except

when proven that the act of the employee is

fraudulent.

Equal pay law:

Employers can pay

different wage rates

pursuant to:

established seniority

systems;

systems that measure

earnings by production

quantity or quality;

merit systems; or

bona fide factors other

than sex, such as

education, training or

experience, that do not

discriminate based on

sex.

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality or to employees

who work in different

locations if these

differences are not

intended to discriminate

based on protected

status categories. N.D.

Cent. Code §§ 14-02.4-

02 to 14-02.4-05, 14-

02.4-10

N/A

Employers cannot

discharge or

discriminate against

employees because

they take action to

initiate enforcement or

otherwise assist in

enforcing the Equal pay

law, unless these

actions are fraudulent.

Employers also cannot

discharge or

discriminate against

employees because

they complain about

violations of the law,

initiate any proceedings

related to the law or

testify or are about to

testify in these

proceedings.

N.D. Cent. Code §§ 34-

06.1-03, 34-06.1-09

Employers that violate

the Equal pay law or

related retaliation

prohibition are guilty of

a class B misdemeanor

and can be fined

$1,000, imprisoned for

up to 30 days or fined

and imprisoned.

Special penalties apply

to organizations,

including corporations,

limited liability

companies and

unincorporated

associations.

Employers that are

sued also can be

ordered to stop

violations; pay wages

owed to employees;

pay up to an additional

equal amount in

damages for willful

violations; reinstate

employees; pay

reasonable attorneys'

fees and costs; and

provide other remedies.

Employees' agreement

to work for less than the

wage rate to which they

are entitled does not

bar voluntary wage

restitution by

employers.

N.D. Cent. Code §§

12.1-03-04, 12.1-32-01

to 12.1-32-01.1,

12.1-32-03, 34-06.1-05,

34-06.1-09

Coverage: Equal pay

law: N.D. Cent. Code §

34-06.1-02

Fair employment

practices law: N.D.

Cent. Code §§ 14-02.4-

02 to 14-02.4-05, 14-

02.4-10

Pay Discrimination

Prohibitions: Equal pay

law: N.D. Cent. Code

§§ 34-06.1-01 to 34-

06.1-03

Fair employment

practices law: N.D.

Cent. Code § 14-02.4-

Retaliation Prohibition:

Equal pay law: N.D.

Cent. Code §§ 34-

06.1-03, 34-06.1-09

Penalties/Remedies:

Equal pay law: N.D.

Cent. Code §§ 12.1-

03-04, 12.1-32-01 to

12.1-32-01.1, 12.1-32-

03, 34-06.1-05, 34-

06.1-09

North Dakota Laws:

http://www.legis.nd.

gov/

information/statutes/cent

-code.html

North Dakota

Department of Labor

and Human Rights:

http://www.nd.gov/labor

/human-rights/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 60

November 10, 2021

North Dakota

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

An unlawful employment practice occurs under

this section when a discriminatory compensation

decision or other practice is adopted; when an

individual becomes subject to a discriminatory

compensation decision or other practice; or when

an individual is affected by application of a

discriminatory compensation decision or other

practice, including each time wages, benefits, or

other compensation is paid, resulting in whole or

in part from such a decision or other practice.”

Fair employment practices law:

Employers cannot discriminate against employees

in compensation based on race, color, religion,

sex, national origin, age (40 and older), physical or

mental disability, marital or public assistance

status or participation in lawful activities, such as

smoking, off employer premises during nonwork

hours (if those activities do not directly conflict

with employers' essential business-related

interests). N.D. Cent. Code §§ 14-02.4-02 to 14-

02.4-05, 14-02.4-10

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 61

November 10, 2021

Ohio

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Ohio

Public and private

employers are covered

by the Equal pay law.

Ohio Rev. Code §§

4111.14, 4111.17; Ohio

Const. art. II, § 34a

Race, color, religion,

sex, age, national

origin, or ancestry

Ohio Rev. Code Ann. §

4111.17

Employers cannot discriminate in pay based on

race, color, religion, sex, age, national origin, or

ancestry. Specifically, employers cannot pay

employees in protected status categories wage

rates that are less than the wage rates paid to

other employees for equal work that requires

equal skill, effort, and responsibility under similar

working conditions. Wages are all compensation

for employment, including commissions; they also

generally include reasonable costs for providing

board, lodging, and other facilities to employees.

Employers cannot reduce any employee's wage

rate in order to comply with the Equal pay law.

Ohio Rev. Code Ann. §§ 4111.01, 4111.06 to

4111.07, 4111.17

Statutory Language: Ohio Rev. Code Ann. §

4111.17 Wage discrimination; exceptions;

enforcement

"(A) No employer, including the state and political

subdivisions thereof, shall discriminate in the

payment of wages on the basis of race, color,

religion, sex, age, national origin, or ancestry by

paying wages to any employee at a rate less than

the rate at which the employer pays wages to

another employee for equal work on jobs the

performance of which requires equal skill, effort,

and responsibility, and which are performed under

similar conditions.

Nothing in this section prohibits an employer from

paying wages to one employee at a rate different

from that at which the employer pays another

employee for the performance of equal work

under similar conditions on jobs requiring equal

skill, effort, and responsibility, when the payment

is made pursuant to any of the following:

A seniority system;

A merit system;

A system which measures earnings by the quantity

or quality of production;

A wage rate differential determined by any factor

other than race, color, religion, sex, age, national

origin, or ancestry.

employee in order to comply with this section.”

Employers can pay

wage differentials

based on:

seniority systems;

merit systems;

systems that measure

earnings by production

quality or quantity; or

any factor other than

race, color, religion,

sex, age, national

origin, or ancestry.

Ohio Rev. Code Ann. §

4111.17

N/A

Employers cannot

discharge or otherwise

discriminate against

employees because

they make complaints,

initiate proceedings, or

testify or are about to

testify in proceedings

related to violations of

the Equal pay law.

Ohio Rev. Code §§

4111.13, 4111.17

Employers that violate

the Equal pay law are

guilty of a minor

misdemeanor and can

be fined up to $150.

Employers that are

organizations can be

fined up to $1,000 for

such violations;

organizations include

corporations,

partnerships, limited

partnerships, joint

ventures,

unincorporated

nonprofit associations,

estates, trusts and

other commercial or

legal entities. Each day

that a violation occurs

is considered a

separate offense.

Employers that are

sued can be ordered to

pay the amount of

unpaid wages due to

employees and an

additional amount

equal to such unpaid

wages, plus reasonable

attorneys' fees and

costs.

Ohio Rev. Code §§

2901.23, 2929.28,

2929.31, 4111.13,

4111.17, 4111.99

Coverage: Ohio Rev.

Code §§ 4111.14,

4111.17 Ohio Const.

art. II, § 34a

Pay Discrimination

Prohibitions: Ohio Rev.

Code Ann. §§

4111.01,

4111.06 to 4111.07,

4111.17

Retaliation Prohibition:

Ohio Rev. Code §§

4111.13, 4111.17

Penalties/Remedies:

Ohio Rev. Code §§

2901.23, 2929.28,

2929.31, 4111.13,

4111.17,

4111.99https://codes.o

hio.gov/ohio-revised-

code/section-4111.99

Ohio Laws:

http://codes.ohio.gov/orc

Ohio Department of

Commerce:

https://www.com.ohio.g

ov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 62

November 10, 2021

Oklahoma

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Oklahoma

Public and private

employers are covered

by the Equal pay law.

Okla. Stat. tit. 40, §

198.1

Equal pay law: Female

(sex)

Okla. Stat. Ann. tit. 40, §

198.1

Fair employment

practices law:

Race, color, religion,

sex, national origin,

age, disability or

genetic information

Okla. Stat. tit. 25, §

1302

Equal pay law:

Employers cannot pay female employees at wage

rates that are lower than the wage rates paid to

male employees for

comparable work that requires

comparable skill, effort and responsibility. Okla.

Stat. Ann. tit. 40, § 198.1.

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religion, sex, national origin,

age, disability or genetic information, unless this

discrimination is justified by a bona fide

occupational qualification that is reasonably

necessary to normal business operations. Okla.

Stat. tit. 25, §§ 1302, 1309, 1311

Statutory Language: Okla. Stat. Ann. tit. 40, § 198.1.

Payment of discriminatory wages based on

employee's sex

prohibited

“It shall be unlawful for any employer within the

State of Oklahoma to willfully pay wages to

women employees at a rate less than the rate at

which he pays any employee of the opposite sex

for comparable work on jobs which have

comparable requirements relating to skill, effort

and responsibility, except where such payment is

made pursuant to a seniority system; a merit

system; a system which measures earnings by

quantity or quality of production; or a differential

based on any factor other than sex.”

Equal pay law:

Employers can pay

wage differentials

wages pursuant to

seniority systems or

merit systems, systems

that measure earnings

by production quality or

quantity or any factor

other than sex. Okla.

Stat. tit. 40, § 198.1

Fair employment

practices law:

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality or to employees

who work in different

locations if these

differences are not the

result of intention to

discriminate based on

those protected

classes. Employers

also can differentiate

compensation based

on sex if these

differences are

otherwise required or

permitted by Oklahoma

laws, Title VII

of the

federal Civil Rights Act

of 1964 or the federal

Fair Labor Standards

Act. Okla. Stat. tit.

25,

§§ 1302, 1309, 1311

N/A

See Fair employment

practices law.

Employers are guilty of

a misdemeanor and

can be fined $25 to

$100.

Okla. Stat. tit. 40, §

198.2

Coverage: Equal pay

law: Okla. Stat. tit. 40, §

198.1

;

Fair employment

practices law: Okla.

Stat. tit. 25, §§ 1301 to

1304, 1307 to 1308;

Okla. Admin. Code §

335:15-3-1

Pay Discrimination

Prohibitions: Equal pay

law: Okla. Stat. tit. 40, §

198.1

Fair employment

practices law: Okla.

Stat. tit. 25, §§ 1302,

1309, 1311

Penalties/Remedies:

Equal pay law: Okla.

Stat. tit. 40, § 198.2

Oklahoma Laws:

http://www.oklegislature.

gov/osStatuesTitle.

aspx

Oklahoma Regulations:

https://www.sos.ok.gov/

oar/online/viewCode.as

Oklahoma Department

of Labor:

http://www.ok.gov/odol/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 63

November 10, 2021

Oregon

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Oregon

Private and public

employers, excluding

the federal government,

are covered by the

Equal pay law if they

have one or more

employees. Employees

are people who work in

Oregon for employers

that pay or agree to

pay them at a fixed

rate. They do not

include partners,

independent

contractors, participants

in work training

programs administered

under state or federal

assistance laws, or

people who work partly

in the state (unless

their employment

contract is entered into

in the state or

payments under these

contracts normally are

made in the state).

Or. Rev. Stat. §

652.210; Or. Admin. R.

839-008-0000

Protected class, which

means a group of

people distinguished by

race, color, religion,

sex, sexual orientation

(as defined in Or. Rev.

Stat. § 174.100),

national origin, marital

status, veteran status

(as defined in Or. Rev.

Stat. § 408.225),

disability, or age.

Equal pay law:

Employers cannot discriminate based on a

protected class in the payment of wages or other

compensation for comparable work. They also

cannot pay wages or other compensation to any

employee at a rate higher than the rate paid to

employees of a protected class for comparable

work. These actions are considered “unlawful

employment practices” under

the Fair employment

practices law (Or. Rev. Stat. §§ 659A.001 to

659A.990). In addition, employers cannot reduce

an employee's compensation level to comply with

the Equal pay law.

Effective Jan. 1, 2020, employers may pay a

different level of compensation to employees who:

receive wages for modified work in accordance

with a claim for a compensable injury under Or.

Rev. Stat. § 656.001 et seq.;

as the result of a medical condition, are

temporarily performing modified work that is

authorized by a licensed medical professional; or

as the result of a medical condition, are

temporarily performing requested modified work

which has been authorized by the employer in a

manner that does not discriminate on the basis of

a protected class.

Comparable work means work that requires

substantially similar knowledge, skill, effort,

responsibility, and work conditions

(as further

defined in Or. Admin. R. 839-008-0010), regardless

of the job description or title. Work conditions

include the

work environment, hours, time of day,

physical surroundings, and potential hazards.

When evaluating comparable work, only Oregon

employees need to be considered for purposes of

comparison.

Protected class means a group of people

distinguished by race, color, religion, sex, sexual

orientation (as defined in Or. Rev. Stat. §

174.100), national origin, marital status, veteran

status (as defined in Or. Rev. Stat. § 408.225),

disability, or age.

Compensation includes wages, salaries, bonuses,

benefits, fringe benefits, and equity-based

compensation. It does not include tips or

reimbursement for actual costs incurred, such as

relocation expenses, mileage, and out-of-pocket

expenses. Wages are all compensation for work

performed by employees for employers,

regardless of who pays this compensation or how

it is paid. Rate means the basis of compensation

Employers can pay

employees at different

compensation levels for

comparable work if

these differences are

based on one or more

of the following bona

fide job-related factors,

including, effective Jan.

1, 2020, when such

factors are contained in

a collective bargaining

agreement

(each factor

is further defined in Or.

Admin. R.

839-008-0015):

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality, such

as a piece-rate system;

workplace location

considerations;

travel, if regular and

necessary for the

employee; or

education, training, or

experience.

Employers also can

provide employees

different benefits (as a

part of compensation) if

the same benefit

options are offered to

all employees

performing comparable

work. The cost of a

benefit that is offered to

but declined by an

employee can be

considered as part of

the total compensation

paid to the employee.

Equal pay law:

Employers cannot

screen applicants

based on their current

or past compensation,

which includes using

information about such

compensation, obtained

from any source, to

determine an

applicant's suitability or

eligibility for

employment.

Employers also cannot

determine

compensation for

positions based on

applicants' current or

past compensation.

These actions are

considered “unlawful

employment practices”

under the Fair

employment practices

law (Or. Rev. Stat. §§

659A.001 to 659A.990).

Employers can ask

applicants for written

authorization to confirm

their prior

compensation after

making them an offer of

employment that

includes a

compensation amount.

Employers also can

consider current

employees'

compensation for

internal transfer, move,

or hiring purposes.

Compensation includes

wages, salaries,

bonuses, benefits,

fringe benefits, and

equity-based

compensation. Wages

are all compensation for

work performed by

employees for

employers, regardless

of who pays this

compensation or how it

Employers cannot

discriminate against

employees in the

payment of wages or

other compensation

because they:

file complaints under

the Fair employment

practices law (Or. Rev.

Stat. § 659A.820);

file complaints in

proceedings under the

Equal pay law;

file complaints in

proceedings under the

Fair employment

practices law (Or. Rev.

Stat. § 659A.885);

testify, are about to

testify, or might testify

in investigations,

proceedings, or criminal

actions under the Equal

pay law; or

testify, are about to

testify, or might testify

in investigations or

proceedings under the

Fair employment

practices law (Or. Rev.

Stat. §§ 659A.830,

659A.885).

Or. Rev. Stat. §

652.220

Employers that are

sued under the Equal

pay law can be ordered

to pay the amount of

unpaid wages owed to

employees for the one-

year period before

lawsuits were filed, plus

an equal amount as

liquidated damages and

reasonable attorneys'

fees. Unpaid wages are

the difference between

wages actually paid and

wages required to be

paid under the Equal

pay law.

If employees allege

violations of the Equal

pay law by filing a

complaint with the

Oregon Bureau of

Labor and Industries

under the Fair

employment practices

law (Or. Rev. Stat. §

659A.820), the bureau

can order employers to

pay back pay for the

lesser of:

the two-year period

immediately preceding

the filing of the

complaint plus the

period of time between

the date when the

complaint was filed and

the date when the

bureau issued its order;

the period of time that

employees were

subject to an unlawful

wage differential plus

the period of time

between the date when

the complaint was filed

and the date when the

bureau issued its order.

If employees allege

violations of the Equal

pay law by filing a

lawsuit under the Fair

Coverage: Equal pay

law: Or. Rev. Stat. §

652.210; Or. Admin.

839-008-0000

Fair employment

practices law: Or. Rev.

Stat. §§ 659A.001,

659A.006, 659A.350;

Or. Admin. R. 839-005-

0003, 839-005-

0014

Pay Discrimination

Prohibitions: Equal pay

law: Or. Rev. Stat. §§

652.210 to 652.220

(2019 Or. Laws 617

(S.B. 123)); Or. Admin.

R. 839-008-0000, 839-

008-0010 to 839-008-

0025

Fair employment

practices law: Or. Rev.

Stat. §§ 659A.001 to

659A.006, 659A.029 to

659A.030; Or. Admin. R.

839-005-0000

to 839-

005-0010, 839-005-

0013, 839-005-0021

Wage Disclosure: Fair

employment practices

law: Or. Rev. Stat.

§ 659A.355

Salary History: Equal

pay law: Or. Rev. Stat.

§§ 652.210 to

652.220;

Or. Admin. R. 839-008-

0005

Fair employment

practices law: Or. Rev.

Stat. § 659A.357

Retaliation Prohibition:

Equal pay law: Or. Rev.

Stat. § 652.220

Penalties/Remedies:

Equal pay law: Or. Rev.

Stat. §§ 652.210 to

652.235 (2019 Or.

Laws 617 (S.B. 123)),

652.990, 659A.870,

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 64

November 10, 2021

Oregon

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

for work and compensation based on time worked

or quantity accomplished, produced, or handled.

System (effective Jan. 1, 2020) means a

consistent and verifiable method in use at the time

of an alleged violation. Individual types of

compensation are defined as follows:

Benefits means:

the rate of contribution that an employer makes

irrevocably to a trustee or third person under a

plan, fund, or program (as

further defined in Or.

Admin. R. 839-008-0000), beyond what is required

by federal, state, or local law; or

the rate of costs to an employer in providing

benefits to an employee, beyond what is required

by federal, state, or local law, based on an

enforceable commitment to that employee to

carry out a financially responsible plan or program

(as further defined in Or. Admin. R. 839-008-

0000).

Fringe benefits has the same meaning as

“benefits,” above.

Bonus means an amount that is paid or something

of value given to an employee by an employer in

addition to the employee's regular rate of pay,

typically as a means of encouragement or

recognition.

Equity-based compensation means non-cash

payments that represent ownership, membership

interests, or opportunity for investment in the

employer's business, such as restricted stock

awards, stock options, employee stock purchase

plans, stock appreciation rights, and similar

compensation schemes. It does not include a

one-time buyout.

Salary means a predetermined amount

constituting all or part of the employee's

compensation paid for each pay period of one

week or longer (but not more than one month).

Or. Rev. Stat. §§ 652.210 to 652.220 (2019 Or.

Laws 617 (S.B.

123https://oregon.public.law/statutes/ors_652.220));

Or. Admin. R. 839-008-0000, 839-008-0010 to 839-

008-0025

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, religion, color, sex, sexual

orientation, marital status, familial status, national

origin, age (18 and older), disability or expunged

juvenile records, unless this discrimination is

justified by a bona fide occupational qualification.

Employers also cannot discriminate in

compensation based on a perception that an

employee is a member of a protected class or

is paid. For other

applicable definitions,

see “Pay Discrimination

Prohibitions.”

Or. Rev. Stat. §§

652.210 to 652.220; Or.

Admin. R. 839-008-0005

Fair employment

practices law:

Employers cannot seek

employees' and

applicants' salary

history from them or

their current or former

employers. These

actions are considered

“unlawful practices”

under the Fair

employment practices

law (Or. Rev. Stat. §§

659A.001 to

659A.990). Employers

can ask applicants for

written authorization to

confirm their prior

compensation after

making them an offer of

employment that

includes a

compensation amount.

Or. Rev. Stat. §

659A.357

employment practices

law (Or. Rev. Stat.

§ 659A.885), employers

can be subject to

penalties/remedies

under the Fair

employment practices

law. For more

information, see

Oregon EEO

Enforcement. They also

can be ordered to pay

punitive damages if:

evidence proves that

they engaged in fraud,

acted with malice, or

acted with willful and

wanton misconduct; or

they previously were

adjudicated for violating

the Equal pay law

through proceedings

under the Fair

employment practices

law (Or. Rev. Stat. §§

659A.885, 659A.850).

In any lawsuit alleging

violations of the Equal

pay law, employers can

file a motion to disallow

an award of

compensatory or

punitive damages.

Courts grant this

motion if employers can

prove all of the

following:

They completed a

good-faith equal pay

analysis of their pay

practices within three

years before the lawsuit

was filed. This analysis

involves an evaluation

process to assess and

correct wage disparities

among employees who

perform comparable

work.

Their equal pay

analysis was

reasonable in detail

and scope for their

size. Until Jan. 1, 2020,

659A.885; Or. Admin. R.

839-008-0000

Oregon Laws:

https://www.oregonlegis

lature.gov/bills_laws/Pa

ges/ORS.aspx

Oregon Regulations:

http://arcweb.sos.state.

or.us/pages/rules/acce

ss/index.html

Oregon Bureau of

Labor and Industries:

https://www.oregon.

gov/boli/Pages/index.a

spx

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 65

November 10, 2021

Oregon

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

based on an employee's association with a

person who is a member of a protected class.

Or. Rev. Stat. §§ 659A.001 to 659A.006, 659A.029

to 659A.030; Or. Admin. R. 839-005-0000 to 839-

005-0010, 839-005-

0013, 839-005-0021

Statutory Language: Or. Rev. Stat. Ann. § 652.220.

Discriminatory wage practices; complaints; posting

of notice “(1) It is an unlawful employment practice

under ORS chapter 659A for an employer to:

In any manner discriminate between employees

on the basis of a protected class in the payment of

wages or other compensation for work of

comparable character.

Pay wages or other compensation to any

employee at a rate greater than that at which the

employer pays wages or other compensation to

employees of a protected class for work of

comparable character.

Screen job applicants based on current or past

compensation.

Determine compensation for a position based on

current or past compensation of a prospective

employee. This paragraph is not intended to

prevent an employer from considering the

compensation of a current employee of the

employer during a transfer, move or hire of the

employee to a new position with the same

employer.

Notwithstanding subsection (1) of this section:

An employer may pay employees for work of

comparable character at different compensation

levels if all of the difference in compensation

levels is based on a bona fide factor that is related

to the position in question and is based on:

A seniority system;

B) A merit system;

A system that measures earnings by quantity or

quality of production, including piece-rate work;

Workplace locations;

Travel, if travel is necessary and regular for the

employee;

Education;

Training;

Experience; or

Any combination of the factors described in this

paragraph, if the combination of factors accounts

for the entire compensation differential.

(b) An employer may pay employees for work of

comparable character at different compensation

levels on the basis of

one or more of the factors

listed in paragraph (a) of this subsection that are

contained in a collective bargaining agreement.

(3) An employer may not in any manner discriminate

in the payment of wages or other compensation

this analysis also must

be related to the

protected class

asserted by the plaintiff.

Effective Jan. 1, 2020,

this analysis must also

include a review of

practices designed to

eliminate unlawful wage

differentials.

Until Jan. 1, 2020, they

eliminated wage

differentials for the

plaintiff and made

reasonable, substantial

progress toward

eliminating wage

differentials for the

protected class

asserted by the plaintiff.

Effective Jan. 1, 2020,

they made reasonable,

substantial progress

toward eliminating

unlawful wage

differentials for their

employees.

Effective Jan. 1, 2020,

evidence that an

employer increased an

employee's pay as a

result of conducting an

equal-pay analysis or

has not completed an

equal-pay analysis will

not be considered an

admission of a violation

of the Equal pay law.

Until Jan. 1, 2020, if a

court grants the motion,

it can order employers

to pay back pay only for

the two-year period

immediately preceding

the filing of the lawsuit,

plus reasonable

attorneys' fees and

costs, but cannot award

compensatory or

punitive damages.

Effective Jan. 1, 2020,

if a court grants the

motion and the

employee prevails on a

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 66

November 10, 2021

Oregon

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

against any

employee because the employee has

filed a complaint under ORS 659A.820 or in a

proceeding under ORS 652.210 to

652.235 or 659A.885 or has testified, or is about

to testify, or because the employer believes that

the employee may testify, in any investigation or

proceedings pursuant to ORS 652.210 to

652.235, 659A.830 or 659A.885 or in a criminal

action pursuant to ORS 652.210 to 652.235.

(4) An employer may not reduce the compensation

level of an employee to comply with the provisions

of this section.”

claim alleging a

violation of the Equal

pay law, the court:

will order the employer

to eliminate the

unlawful wage

differential for the

employee;

will award back pay or

unpaid wages pursuant

to the Equal pay law or

the Fair employment

practices law, as

described above; and

can award the

employee costs and

attorneys' fees (but not

compensatory or

punitive damages).

Employers that violate

the Equal pay law also

are guilty of a

class A

misdemeanor.

Or. Rev. Stat. §§

652.210 to 652.235

(2019 Or. Laws 617

(S.B.

123)), 652.990,

659A.870, 659A.885;

Or. Admin. R. 839-008-

0000

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 67

November 10, 2021

Pennsylvania

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Pennsylvania

Public and private

employers are covered

by Pennsylvania Equal

pay law.

Employees subject to

the federal Fair

Labor

Standards Act are

exempt from the

law.

43 Pa. Stat. § 336.2

Equal pay law:

Sex

Fair employment

practices law

race, color, religious

creed, ancestry, age

(40 and older), sex,

national origin, non job-

related handicap or

disability or the use of

guide or support

animals because of

blindness, deafness or

physical handicap,

unless this

discrimination is based

on bona fide

occupational

qualifications or

applicable federal or

state security

regulations.

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort and

responsibility under similar working conditions in

the same workplace.

Statutory Language

: 43 Pa. Stat. Ann. § 336. Wage

rates “(a) No employer having employees subject to

any provisions of this section shall discri

minate,

within any establishment in which such

employees are employed, between employees on

the basis of sex by paying wages to employees in

such establishment at a rate less than the rate at

which he pays wages to employees of the

opposite sex in such establishment for equal work

on jobs, the performance of which, requires equal

skill, effort, and responsibility, and which are

performed under similar working conditions,

except where such payment is made pursuant to

(1) a seniority system; (2) a merit system; (3) a

system which measures earnings by quantity or

quality of production; or (4) a differential based on

any other factor other than sex: Provided, That

any employer who is paying a wage rate

differential in violation of this subsection shall not

in order to comply with the provisions of this

subsection, reduce the wage rate of any

employee.

(b) No labor organization, or its agents,

representing employees of an employer having

employees subject to any provisions of this

section, shall cause or attempt to cause such an

employer to discriminate against an employee in

violation of subsection (a) of this section.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, color, religious creed, ancestry,

age (40 and older), sex, national origin, nonjob-

related handicap or disability or the use of guide or

support animals because of blindness, deafness

or physical handicap, unless this discrimination is

based on bona fide occupational qualifications or

applicable federal or state security regulations.

Specifically, employers cannot discriminate

against employees, applicants and independent

contractors who are the best able and most

competent persons to perform required services.

Employers can request a BFOQ interpretation

from the Pennsylvania Human Relations

Commission. BFOQs have limited scope and

application, and are permitted only when

Equal pay law:

Employers can pay

different wage rates

pursuant to seniority,

merit or piece-rate

systems or any factor

other than sex. 43 Pa.

Stat. §§ 336.2 to 336.3

Fair employment

practices law:

Employers can request

a BFOQ interpretation

from the Pennsylvania

Human Relations

Commission. BFOQs

have limited scope and

application, and are

permitted only when

employers can prove a

factual basis for

believing that all or

substantially all

members of a

protected class would

be unable to safely and

efficiently perform the

job duties; otherwise

applicants only can be

excluded upon showing

that they are unable to

perform the job. Race,

color, religious creed,

ancestry, age, sex and

national origin are valid

BFOQs only if they are

reasonably necessary

to essential, normal

business operations.

Employers have the

burden of establishing

that these protected

status categories

qualify as BFOQs, and

cannot apply the BFOQ

exception based on

reasons such as:

assumptions about the

general employment

characteristics of those

protected classes (for

example, higher

turnover rates);

stereotyped

characteristics of those

State agencies shall

not inquire about a job

applicant’s current

compensation or

compensation history

at any stage during the

hiring process.

Applicants are not

prevented from

volunteering

information about their

current compensation

level or salary history in

negotiating a salary;

however, no agency

can request that an

applicant disclose

current salary or salary

history information. In

addition, applicants can

refuse to disclose

current compensation

level and/or history

without negative

repercussions by the

agency in its

employment decisions.

Executive Order 2018-18-

03.

See Fair employment

practices law.

Employers that violate

the Equal pay law,

including the retaliation

prohibition, can be fined

$50 to $200 or

imprisoned for 30 to 60

days. Each day of a

continuing violation is a

separate offense.

Employers that are

sued for knowingly

violating the law also

can be ordered to pay

wages due to

employees, an

additional equal amount

in liquidated damages,

reasonable attorneys'

fees and costs.

43 Pa. Stat. § 336.8

Coverage: Equal pay

law: 43 Pa. Stat. §

336.2

;

Fair employment

practices law: 43 Pa.

Stat. §§ 954 to 955

Pay Discrimination

Prohibitions: Equal pay

law: 43 Pa. Stat. §§

336.2 to 336.3

Fair employment

practices law: 43 Pa.

Stat. §§ 954 to 955; 16

Pa. Code §§ 41.71 to

41.73

Salary History: Executive

Order 2018-18-03

Penalties/Remedies:

Equal pay law: 43 Pa.

Stat. § 336.8

Pennsylvania Laws

(Consolidated Statutes):

http://www.legis.

state.pa

.us/cfdocs/legis/LI/Publi

c/cons_index.cfm

Pennsylvania

Department of Labor

and Industry:

https://www.dli.

pa.gov/Pages/default.a

spx

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 68

November 10, 2021

Pennsylvania

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

employers can prove a factual basis for believing

that all or substantially all members of a protected

class would be unable to safely and efficiently

perform the job duties; otherwise applicants only

can be excluded upon showing that they are

unable to perform the job. Race, color, religious

creed, ancestry, age, sex and national origin are

valid BFOQs only if they are reasonably

necessary to essential, normal business

operations. Employers have the burden of

establishing that these protected status

categories qualify as BFOQs, and cannot apply

the BFOQ exception based on reasons such as:

assumptions about the general employment

characteristics of those protected classes (for

example, higher turnover rates);

stereotyped characteristics of those protected

classes (for example, mechanical ability or

aggressiveness);

customer, client, co-worker or employer

preferences and history, tradition or custom; and

the need to provide separate facilities such as

restrooms or locker rooms.

Employers and their employees cannot aid, abet,

incite, compel, coerce or directly or indirectly try to

commit these discriminatory practices. They also

cannot obstruct or prevent anyone from complying

with the law or orders issued under the law.

43 Pa. Stat. §§ 954 to 955; 16 Pa. Code §§ 41.71

to 41.73

protected

classes (for

example, mechanical

ability or

aggressiveness);

customer, client, co-

worker or employer

preferences and

history, tradition or

custom; and

the need to provide

separate facilities such

as restrooms or locker

rooms.

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 69

November 10, 2021

Rhode Island

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Rhode Island

Public and private

employers are covered

by Rhode Island Equal

pay law.

R.I. Gen. Laws § 28-6-

Equal pay law:

Sex (female)

28 R.I. Gen. Laws Ann.

28-6-18

Fair employment

practices law

race, color, religion,

sex,

sexual orientation,

gender

identity or

expression, disability,

age or ancestry.

28 R.I.

Gen. Laws Ann. §

28-5-

Equal pay law: Employers cannot pay female

employees at wage rates that are lower than the

wage rates paid to male

employees for equal work

or for work on the same operations. 28 R.I. Gen.

Laws Ann. § 28-6-18

Provisions in any contracts, agreements or

understandings that establish wage rate variations

in violation of the Equal pay law are null and void.

R.I. Gen. Laws § 28-6-18

Fair employment practices law: Employers cannot

discriminate in compensation based on race,

color, religion, sex, sexual orientation, gender

identity or expression, disability, age or ancestry.

R.I. Gen. Laws § 28-5-7

Statutory Language: Wage differentials based on

sex prohibited. 28 R.I. Gen. Laws Ann. § 28-6-18.

(a) No employer shall discriminate in the payment of

wages as between the sexes or shall pay any female

in his or her employ salary or wage rates less than the

rates paid to male employees for equal work or work

on the same operations.

(b) Nothing contained in this section shall prohibit a

variation in rates of pay based upon either difference

in: Seniority, experience, training, skill, or ability; Duties

and services performed, either regularly or

occasionally; The shift or time of day worked; or

Availability for other operations or any other

reasonable differentiation except difference in sex.

any contract, agreement, or understanding entered into

after passage of this act establishing a variation in

rates of pay as between the sexes, shall be null and

void.”

Employers can pay

wage differentials

based on:

seniority, experience,

training, skill or ability;

duties and services that

are performed regularly

or occasionally;

the shift or time of day

worked;

availability for other

operations; or

any other reasonable

factor besides sex.

R.I. Gen. Laws Ann. §

28-6-18

N/A

Employers cannot

discharge or

discriminate against

employees because

they file complaints,

initiate proceedings or

testify in proceedings

related to violations of

the Equal pay law.

R.I. Gen. Laws § 28-6-

Employers that violate

the Equal pay law can

be fined up to

$200, imprisoned for up

to six months or fined

and imprisoned.

Employers that are

sued for such violations

can be ordered to pay

unpaid wages and

liquidated damages.

R.I. Gen. Laws §§ 28-6-

20 to 28-6-21

Coverage: Equal pay

law: R.I. Gen. Laws §

28-6-17; Fair

employment practices

law: R.I. Gen. Laws §

28-5-6

Pay Discrimination

Prohibitions: Equal pay

law: R.I. Gen. Laws §

28-6-18

;

Fair

employment practices

law: R.I. Gen. Laws §

28-5-7

Retaliation Prohibition:

Equal pay law: R.I.

Gen. Laws § 28-6-21

Penalties/Remedies:

Equal pay law: R.I.

Gen. Laws §§ 28-6-20

to 28-6-21

Rhode Island Laws:

http://www.rilin.state.ri.u

s/Statutes/

Rhode Island

Department of Labor

and Training:

http://www.dlt.

state.ri.us/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 70

November 10, 2021

South Carolina

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

South Carolina

Public and private

employers (and their

agents) are covered by

the pay discrimination

prohibitions if they have

a location or do

business in South

Carolina and have 15

or more employees for

each workday in each

of 20 or more calendar

weeks in the current or

preceding

calendar

year. The prohibitions

also apply

employment agencies

and labor

organizations.

S.C. Code Ann. §§ 1-13-

30, 1-13-80

Race, religion, color,

sex, age, national origin

or disability

S.C. Code Ann. § 1-13-

30;

Employers cannot discriminate against employees

in compensation based on race, religion, color,

sex, age, national origin or disability. Employers

also cannot reduce employees' wage rates to

comply with these prohibitions as they relate to

age discrimination. S.C. Code Ann. § 1-13-80

Employers can apply

different compensation

standards pursuant to

bona fide seniority or

merit systems, pursuant

to systems that

measure earnings by

production quantity or

quality and to

employees who work in

different locations if

such differences are

not the result of

intentional

discrimination based on

race, religion, color,

sex, national origin or

disability. Employers

also can differentiate in

wages or compensation

based on sex if such

differentiation is

authorized by the

federal Fair Labor

Standards Act (29

U.S.C. 206

(d)).

S.C. Code Ann. § 1-13-

N/A

See Fair employment

practices law.

See Fair employment

practices law.

S.C. Code Ann. §§ 1-13-

30, 1-13-80

South Carolina Laws:

http://www.scstatehous

e.gov/code/statmast.ph

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 71

November 10, 2021

South Dakota

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

South Dakota

Employers within South

Dakota that hire or

employ one or more

employees are covered

by the pay

discrimination

prohibitions. Employers

outside South Dakota

that hire or employ

employees whose

services are wholly or

partially performed in

South Dakota also are

covered by the

prohibitions.

S.D. Codified Laws §

20-13-1

No state statutory or

regulatory provisions

apply generally to

private-sector

employment.

Prohibitions apply to

employees, applicants,

and, effective July 1,

2020, interns. Interns

are students or trainees

who work, sometimes

without pay, at an

organization, industry,

trade, or occupation in

order to gain work

experience or earn

academic credit. S.D.

Codified Laws § 20-13-

1 (2020 South

Dakota H.B. 1216).

Sex

S.D. Codified Laws §

20-13- 10

Employers cannot discriminate based on sex in

the payment of wages and compensation. S.D.

Codified Laws §§ 20-13- 10, 20-13-16, 20-13-17.

They also cannot conceal unlawful discrimination

or induce anyone to engage in such

discrimination. S.D. Codified Laws § 20-13-26

Statutory Language: S.D. Codified Laws § 20-13-

16. Seniority and merit preferences permitted--

Place of work differentials “Notwithstanding any

provision of §§ 20-13-10 to 20-13-13, inclusive, it

is not an unfair or discriminatory practice for an

employer 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 earnings by quantity or quality of

production or to employees who work in different

locations, if such differences are not the result of

an intention to discriminate because of race,

color, creed, religion, sex, ancestry, disability, or

national origin.”

Statutory Language: S.D. Codified Laws § 20-13-

17. Sex differentiation permitted when based on

seniority, job description, merit or executive

training systems

“Notwithstanding any provision of §§ 20-13-10 to

20-13-13, inclusive, it shall not be an unfair or

discriminatory practice for any employer to

differentiate upon the basis of sex in determining

the amount of the wages or compensation paid or

to be paid to employees of such employer if such

differentiation is authorized by the provisions of §

60-12-16.”

Employers can pay

different wages or

compensation based

on bona fide seniority

or merit systems,

production quantity or

quality or work location

if these differences are

not the result of an

intention to discriminate

based on sex.

Compensation

differences based on

job descriptions and

executive training

programs also are

lawful if they do not

discriminate based on

sex. S.D. Codified Laws

§§ 20-13-10, 20-13-16,

20-13-17.

N/A

See Fair employment

practices law.

See Fair employment

practices law.

Coverage: S.D.

Codified Laws § 20-13-

Pay Discrimination

Prohibitions: S.D.

Codified Laws §§ 20-

13- 10, 20-13-16, 20-

13-17, 20-13-26

South Dakota Laws:

http://www.sdlegislature

.gov/Statutes/Codified_

Laws/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 72

November 10, 2021

Tennessee

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Tennessee

Public and private

employers are covered

by the Equal pay law.

Tenn. Code Ann. § 50-2-

201

Equal pay law:

Sex

Tenn. Code Ann. § 50-2-

202.

Fair employment

practices law

Race, creed, color,

religion, sex, age (40

and older) or national

origin.

Tenn. Code Ann. § 4-21-

401.

Equal pay law:

Employers cannot pay employees of one sex at

wage rates or salaries that are lower than the

wage rates or salaries paid to employees of the

opposite sex for comparable work that requires

comparable skill, effort and responsibility under

similar

working conditions. Wage rates are all

compensation for employment, including employee

benefits. Tenn. Code Ann. § 50-

2-201.

Employers that pay different wage rates in

violation of the Equal pay law cannot reduce

employees' wage rates to comply with the law.

Tenn. Code Ann. §§ 50-2-201, 50-2-202.

Statutory Language: Tenn. Code Ann. § 50-2-202.

Wage Differentials

“(a) No employer shall discriminate between

employees in the same establishment on the

basis of sex by paying any employee salary or

wage rates less than the rates the employer pays

to any employee of the opposite sex for

comparable work on jobs the performance of

which require comparable skill, effort and

responsibility, and that are performed under

similar working conditions; however, nothing in

this part shall prohibit wage differentials based on

a seniority system, a merit system, a system that

measures earnings by quality or quantity of

production, or any other reasonable differential

that is based on a factor other than sex.

(b) An employer who is paying a wage differential

in violation of this part shall not, in order to comply

with this part, reduce the wage rate of any

employee.

against any employee by reason of any action

taken by the employee to invoke or assist in any

manner the enforcement of this part.”

Fair employment practices law:

Employers cannot discriminate in compensation

based on race, creed, color, religion, sex, age (40

and older) or national origin. Tenn. Code Ann. § 4-

21-40

Employers can pay

different wages based

on:

seniority systems or

merit systems;

systems that measure

earnings by quantity or

quality of production; or

any other reasonable

differential based on a

factor other than sex.

Tenn. Code Ann. § 50-2-

202.

N/A

Employers cannot

discharge or

discriminate against

employees who take

any action to invoke or

enforce the Equal pay

law.

Tenn. Code Ann. § 50-2-

202

Employers that are

sued for violating the

Equal pay law can be

ordered to pay unpaid

wages, reasonable

attorneys' fees and

costs. Employers that

knowingly violate the

law also can be

ordered to pay

liquidated damages in

an amount equal to:

unpaid wages for a first

violation; unpaid wages

plus two times that

amount for a second

violation; and unpaid

wages plus three times

that amount for each

subsequent violation.

Retaliation prohibition:

Employers that violate

the retaliation

prohibition are guilty of a

class A misdemeanor

and can be

fined up to

$2,500, imprisoned for

up to 11 months and 29

days or fined and

imprisoned.

Tenn. Code Ann. §§ 40-

35-111, 50-2-204, 50-2-

206

Coverage: Equal pay

law: Tenn. Code Ann. §

50-2-201

Fair employment

practices law: Tenn.

Code Ann. §§ 4-21-102,

4-21-401, 4-21-405

Pay Discrimination

Prohibitions: Equal pay

law: Tenn. Code

Ann.

§§ 50-2-201, 50-2-202

Fair employment

practices law: Tenn.

Code Ann. § 4-21-401

Retaliation Prohibition:

Equal pay law: Tenn.

Code Ann. § 50-2-

202

Penalties/Remedies:

Equal pay law: Tenn.

Code Ann. §§ 40-35-

111, 50-2-204, 50-2-

206

Tennessee Laws:

http://tn.gov/

Tennessee Department

of Labor and Workforce

Development:

http://www.tn.gov/labor-

wfd

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 73

November 10, 2021

Texas

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Texas

Private employers (and

their agents) with 15 or

more employees for each

workday in each of 20 or

more calendar weeks in

the current or preceding

calendar year, public

employers, employment

agencies and labor

organizations are

covered by the pay

discrimination

prohibitions.

Employees do not

include anyone who

works outside of Texas

or for a parent, spouse

or child.

[Note: A franchisor is not

considered to be the

employer of a franchisee

or its employees (as

defined in 16 C.F.R. §

436.1), unless a Texas

court finds that the

franchisor exercised an

unusual type or degree of

control over the

franchisee or its

employees for trademark

and brand protection

purposes (Tex. Lab.

Code Ann.

§ 21.0022).]

Tex. Lab. Code Ann. §§

21.002, 21.051 to

21.053, 21.109, 21.111,

21.117

Race, color, disability,

religion, sex, national

origin, or age

Tex. Lab. Code Ann. §§

21.051

Employers can apply different compensation

standards that are not discriminatory based on

race, color, disability, religion, sex, national origin,

or age: to employees who work in different

locations; under bona fide seniority systems, merit

systems, or employee benefit plans that are not

intended to evade the discrimination prohibitions;

and under systems that measure earnings by

production quantity or quality. Tex. Lab. Code

Ann. §§ 21.051, 21.102, 21.112

Statutory Language: Tex. Labor Code Ann. §

21.102. Bona Fide Employee Benefit Plan;

Production Measurement System

“(a) Except as

provided by Subsections (b) and (c), an employer

does not commit an unlawful employment

practice by applying different standards of

compensation or different terms, conditions, or

privileges of employment under: a bona fide

seniority system, merit system, or an employee

benefit plan, such as a retirement, pension, or

insurance plan, that is not a subterfuge to evade

this chapter; or a system that measures earnings

by quantity or quality of production.

(b) An employee benefit plan may not excuse a

failure to hire on the basis of age. A seniority

system or employee benefit

plan may not require

or permit involuntary retirement on the basis of

age except as permitted by Section 21.103.

compensation or terms, conditions, or privileges

of employment that are discriminatory on the

basis of race, color, disability, religion, sex,

national origin, or age.”

Statutory Language: § 21.112. Employees at

Different Locations

“An employer does not commit an unlawful

employment practice by applying to employees

who work in different locations different

standards of compensation or different terms,

conditions, or privileges of employment that are

not discriminatory on the basis of race, color,

disability, religion, sex, national origin, or age.”

Employers can apply

different compensation

standards that are not

discriminatory based on

race, color, disability,

religion, sex, national

origin, or age: to

employees who work in

different locations; under

bona fide seniority

systems, merit systems,

or employee benefit

plans that are not

intended to evade the

discrimination

prohibitions; and under

systems that measure

earnings by production

quantity or quality.

Tex. Lab Code Ann §§

21.051, 21.102, 21.112

N/A

See Fair employment

practices law.

See Fair employment

practices law.

Coverage: Tex. Lab.

Code Ann. §§ 21.002,

21.051 to 21.053, 21.109,

21.111, 21.117

40 Tex. Admin. Code §

819.11

Pay Discrimination

Prohibitions: Tex. Lab.

Code Ann. §§ 21.051,

21.102, 21.112

Texas Laws:

http://www.statutes.legis.

state.tx.us/

Texas Regulations:

http://www.sos.state.tx.us

/tac/index.shtml

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 74

November 10, 2021

Utah

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Utah

Private employers are

covered by the pay

discrimination

prohibitions if they have

15 or more employees

in Utah for each working

day in each of 20 or

more calendar weeks in

the current or preceding

calendar year. Public

employers, employment

agencies and labor

organizations also are

covered by the

prohibitions.

[Note: Franchisors are

not considered to be

employers of

franchisees or their

employees (as defined

by 16 C.F.R. § 436.1),

unless franchisors

exercise an unusual

type or degree of control

over franchisees or their

employees for

trademark and brand

protection purposes

(Utah Code Ann. § 34A-

5-102).]

Utah Code Ann. § 34A-

5-102

Race, color, sex,

pregnancy, childbirth,

pregnancy-related

conditions, age (40 and

older), religion, national

origin, disability, sexual

orientation or gender

identity. Utah Code Ann.

§ 34A-5- 102

Employers cannot discriminate against otherwise

qualified employees in compensation based on

race, color, sex, pregnancy, childbirth,

pregnancy-related conditions, age (40 and older),

religion, national origin, disability, sexual

orientation or gender identity. Employers and their

employees also cannot aid, incite, compel or

coerce pay discrimination; obstruct or prevent

anyone from complying with the discrimination

prohibitions or related orders; or directly or

indirectly try to commit pay discrimination.

Discriminate in compensation means paying

different wages or salaries to employees who

have substantially equal experience,

responsibilities and skills for a particular job.

Otherwise qualified employees have job- related

qualifications required by employers for a

particular job, job classification or position; these

qualifications can include education, training,

ability (with or without reasonable

accommodation), moral character, integrity,

disposition to work and adherence to reasonable

rules and regulations.

Employers can increase employees' pay based

on tenure if these increases are uniformly applied

and available to all employees on a substantially

proportional basis. Employers and employees can

agree to pay rates or work schedules that are

designed to protect employees from a loss of

Social Security benefits if they are eligible for

these benefits.

Utah Code Ann. § 34A-5-106

Statutory Language: Utah Code Ann. § 34A-5-106.

Discriminatory or prohibited employment practices--

Permitted practices

“(1) It is a discriminatory or

prohibited employment practice to take an action

described in Subsections (1)(a) through (g).

(A)

As used in this chapter, “to discriminate in matters

of compensation” means the payment of differing

wages or

salaries to employees having

substantially equal experience, responsibilities,

and skill for the particular job.

(B) Notwithstanding

Subsection (1)(a)(iii)(A):

nothing in this chapter

prevents an increase in pay as a result of

longevity with the employer, if the salary increase

is uniformly applied and available to all

employees on a substantially proportional basis;

and nothing in this section prohibits an employer

and employee from agreeing to a rate of pay or

work schedule designed to protect the employee

from loss of Social Security payment or benefits if

the employee is eligible for those payments.”

Employers can

increase employees'

pay based on tenure if

these increases are

uniformly applied and

available to all

employees on a

substantially

proportional basis.

Employers and

employees can agree

to pay rates or work

schedules that are

designed to protect

employees from a loss

of Social Security

benefits if they are

eligible for these

benefits.

Utah Code Ann. § 34A-

5-106

N/A

See Fair employment

practices law.

See Fair employment

practices law. Employers

that violate the pay

discrimination prohibitions

also can be ordered to

pay additional damages

equal to back pay, unless

they can show

that they acted in good

faith and reasonably

believed they did not

violate the prohibitions.

Utah Code Ann. § 34A-5-

107

Utah Code Ann. §§

34A-5-102, 34A-5-106

to 34A-5-107

Utah Laws:

http://le.utah.gov/Docu

ments/code_const.htm

Utah Regulations:

https://rules.utah.gov/publ

ications/utah-adm- code/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 75

November 10, 2021

Vermont

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Vermont

Public and private

employers (and their

agents) are covered by

the pay discrimination

provisions if they have

one or more workers

performing services in

Vermont. The provisions

also apply to

employment agencies

and labor organizations.

Vt. Stat. Ann. tit. 21 §

495d

Sex

Vt. Stat. Ann. tit. 21 §

495

Employers cannot discriminate based on sex by

paying employees of one sex at wage rates that

are less than the wage rates paid to employees

of the opposite sex for equal work that requires

equal skill, effort, and responsibility under similar

work conditions. Employers that violate this

prohibition cannot reduce any employee's wage

rate to achieve compliance. Vt. Stat. Ann. tit. 21,

§ 495.

Statutory Language: Vt. Stat. Ann. tit. 21, § 495

“(7) For any employer, employment agency, labor

organization, or person seeking employees to

discriminate between employees on the basis of

sex by paying wages to employees of one sex at

a rate less than the rate paid to employees of the

other sex for equal work that requires equal skill,

effort, and responsibility and is performed under

similar working

conditions. An employer who is

paying wages in violation of this section shall not

reduce the wage rate of any other

employee in

order to comply with this subsection. (A) An

employer may pay different wage rates under this

subsection when the differential wages are made

pursuant to:

A seniority system; A merit system; A

system in which earnings are based on quantity or

quality of production; A bona fide factor other than

sex. An employer asserting that differential wages

are paid pursuant to this subdivision

shall

demonstrate that the factor does not perpetuate a

sex-based differential in compensation, is job-

related with respect to the position in question,

and is based upon a legitimate business

consideration.

(B)(i) No employer may do any of the following:

Require, as a condition of employment, that an

employee refrain from disclosing the amount of

his or her wages or from inquiring about or

discussing the wages of other employees;

Require an employee to sign a waiver or other

document that purports to deny the employee the

right to disclose the amount of his or her wages

or to inquire about or discuss the wages of other

employees.

(ii) Unless otherwise required by law, an employer

may prohibit a human resources manager from

disclosing the wages of other employees.

(8) Retaliation prohibited. An employer,

employment agency, or labor organization shall

not discharge or in any other

manner

discriminate against any employee because the

employee: has opposed any act or practice that

is prohibited under this chapter;

has lodged a

complaint or has testified, assisted, or

participated in any manner with the Attorney

General, a State's

Attorney, the Department of

Labor, or the Human Rights Commission in an

investigation of prohibited acts or practices; is

known by the employer to be about to lodge a

Employers can pay

different wage rates

pursuant

to seniority or merit

systems, systems that

base earnings on

production quantity or

quality, or other bona

fide factors besides sex

if they can show that

these factors are job-

related, are based on

legitimate business

considerations, and do

not perpetuate sex-

based compensation

differentials. Vt. Stat.

Ann. tit. 21 § 495

Employers cannot ask

or seek information

about applicants'

current or past

compensation from

them or their current or

former employers. If

applicants voluntarily

disclose this

information, however,

employers can try to

confirm the information

or ask applicants to

confirm it after making

them an offer of

employment with

compensation.

Employers also cannot

require that applicants'

current or past

compensation meet

minimum or maximum

criteria and cannot

determine whether to

interview applicants

based on their current

or past compensation.

Compensation

includes wages,

salary, bonuses,

benefits, fringe

benefits, and equity-

based compensation.

Employers can ask

about applicants'

salary expectations or

requirements and can

provide information

about the wages,

benefits,

compensation, or

salary offered for a

position.

Vt. Stat. Ann. tit. 21 §

495m

See Fair employment

practices law.

See Fair employment

practices law.

Employers that violate

the pay discrimination

prohibitions or the

wage disclosure

provisions also can be

ordered to pay affected

employees the amount

of any wages owed

plus an equal amount

as liquidated damages.

Vt. Stat. Ann. tit. 21 §

495b

Vt. Stat. Ann. tit. 21,

§§ 495, 495b, 495d,

495m

Vermont

Laws:

http://vermont.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 76

November 10, 2021

Vermont

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

complaint, testify, assist, or participate in any

manner in an investigation of prohibited acts or

practices; has disclosed his or her wages or has

inquired about or discussed the wages of other

employees; or is believed by the employer to

have acted as described in subdivisions (A)

through (D) of this subdivision.”

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 77

November 10, 2021

Virginia

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Virginia

Public and private

employers are covered

by the Equal pay law.

Employers subject to

the federal Fair Labor

Standards Act are

exempt from the law.

Va. Code Ann. § 40.1-

28.6

New Law: race, color,

religion, national origin,

or sex

VA LEGIS 1138 (2020),

2020 Virginia Laws Ch.

1138 (H.B. 827)

Fair employment practices law (Effective July 1, 2020)

It is unlawful for an employer to discriminate in

compensation based on race, color, religion, sex,

sexual orientation, gender identity, marital status,

pregnancy, childbirth or related medical conditions

including lactation, age (40 and older), status as a

veteran, or national origin.

Employers can apply different compensation

standards pursuant to a bona fide seniority or merit

system that measures earnings by production quantity

or quality of production, or to employees who work in

different locations if these differences aren't the result

of an intention to discriminate based on a protected

class.

Va. Code Ann. §§ 2.2-3904 to 2.2-3905 (2020 Va.

Laws 1140 (S.B. 868))

Pay Transparency Provision (new 2020):

“A. No employer shall discharge from employment or

take other retaliatory action against an employee

because the employee (i) inquired about or discussed

with, or disclosed to, another employee any

information about either the employee's own wages or

other compensation or about any other employee's

wages or other compensation or (ii) filed a complaint

with the Department alleging a violation of this section.

However, the provisions of this section shall not apply

to employees who have access to the compensation

information of other employees or applicants for

employment as part of their essential job functions who

disclose the pay of other employees or applicants to

individuals who do not otherwise have access to

compensation information, unless the disclosure is

(a) in response to a formal complaint or charge, (b) in

furtherance of an investigation, proceeding, hearing, or

action, including an investigation conducted by the

employer, or (c) consistent with a legal duty to furnish

information.” Va. Code Ann. § 40.1-28.7:9.

Employers can apply

different compensation

standards pursuant to a

bona fide seniority or

merit system that

measures earnings by

production quantity or

quality of production, or

to employees who work

in different locations if

these differences aren't

the result of an

intention to discriminate

based on a protected

class.

Employees are

protected when they

inquire about, discuss

or disclose information

about their

own or any

other employee’s

wages, or when they file

a complaint with the

DOL alleging a

violation

of this law.

The law does not apply

to “employees who

have access to the

compensation

information of other

employees or

applicants … as part of

their essential job

functions who disclose

the pay of other

employees or

applicants to

individuals who do not

otherwise have access

to compensation

information,” unless

that disclosure is in

response to a formal

complaint or charge,

made in connection

with an investigation,

proceeding, hearing or

action, or is

consistent

with a legal duty to

disclose the information.

Va. Code Ann. § 40.1-

28.7:9.

N/A

Employers that violate

the Equal pay law can

be fined $10 to

$200. Employers that

are sued also can be

ordered to pay the

balance of unpaid

wages plus 8 percent

annual interest,

damages of up to two

times unpaid wages,

and reasonable

attorneys' fees.

Va. Code Ann. §§ 40.1-

28.6, 40.1-28.11 to 40.1-

28.12

Va. Code Ann. §§ 40.1-

1, 40.1-6, 40.1-28.6,

40.1-28.11 to 40.1-

28.12

Virginia Laws:

https://law.lis.virginia.go

v/vacode

Virginia Department of

Labor and Industries:

http://www.doli.virginia.

gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 78

November 10, 2021

Washington

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Washington

Public and private

employers in

Washington are covered

by the Equal pay law if

they engage in any

business, industry,

profession, or activity in

the state and have one

or more employees. The

law's provisions on

salary expectations only

apply to employers with

fifteen or more

employees.

Wash. Rev. Code §§

49.58.010 to 49.58.020,

49.58.110

Equal pay law: Gender

Fair employment

practices law:

Protected classes are

actual or perceived age

(40 to 70), sex, marital

status, sexual

orientation, race, creed,

color, national origin,

and, effective June 11,

2020, citizenship or

immigration status;

honorably discharged

veteran or military

status; the presence of

sensory, mental, or

physical disabilities; and

the use of trained dog

guides or service

animals by people with

disabilities. Sexual

orientation includes

gender expression or

identity.

National origin includes

ancestry. Employers

also cannot discriminate

in compensation based

on the results of an HIV

or hepatitis C test,

unless the absence of

HIV or hepatitis C

infection is a BFOQ.

Equal pay law:

Employers cannot discriminate based on gender in

providing compensation to employees who are

similarly employed. Wash. Rev. Code § 49.58.010

(2018) ("(1) Any employer in this state who

discriminates in any way in providing compensation

based on gender between similarly employed

employees of the employer is guilty of a

misdemeanor. If any employee receives less

compensation because of discrimination on account

of gender in violation of this section, that employee is

entitled to the remedies in RCW 49.58.060,

49.58.060, and 49.58.070. In such action, however,

the employer shall be credited with any

compensation which has been paid to the employee

upon account.").

Employers also cannot discriminate based on gender

by limiting employees' career advancement

opportunities or depriving them of such opportunities

that would otherwise be available. Wash. Rev. Code

§ 49.58.030 (2018) ("(2) An employer may not, on the

basis of gender, limit or deprive an employee of

career advancement opportunities that would

otherwise be available. (3) A differential in career

advancement based on a bona fide job-related factor

or factors that meet the criteria in RCW

49.58.020(3)(a) (i) through (iii) does not constitute

discrimination within the meaning of this section.

Such bona fide factors include, but are not limited to,

the factors specified in RCW 49.58.020(3)(b) (i)

through (iv).").

Compensation is discretionary and nondiscretionary

wages and benefits provided by employers. Wash.

Rev. Code §

49.58.010 (2018).

Employees are similarly employed if they work for the

same employer and their jobs require similar skill,

effort, and responsibility under similar work

conditions; job titles alone do not determine whether

employees are similarly employed. Wash. Rev. Code

§ 49.58.010 (2018) ("(2) For purposes of this section,

employees are similarly employed if the individuals

work for the same employer, the performance of the

job requires similar skill, effort, and responsibility, and

the jobs are performed under similar working

conditions. Job titles alone are not determinative of

whether employees are similarly employed.").

Fair employment practices law:

Employers cannot discriminate in compensation

based on protected classes under the Fair

employment practices law. Protected classes are

actual or perceived age (40 to 70), sex, marital

status, sexual orientation, race, creed, color, national

origin, and, effective June 11, 2020, citizenship or

immigration status; honorably discharged veteran or

Equal pay law:

Employers can pay

compensation

differentials and permit

career advancement

differentials based in

good faith on bona fide

job-related factors that

are consistent with

business necessity, are

not based on or derived

from gender-based

differentials, and

together account for the

entire differential. Bona

fide job-related factors

include:

education, training, or

experience;

seniority or merit

systems;

systems that measure

earnings by production

quantity or quality; or

bona fide regional

differences in

compensation levels.

Wash. Rev. Code Ann. §

49.58.020 (West)

Employers also can

pay compensation

differentials based in

good faith on local

ordinances that provide

a different minimum

wage than state law.

Employers have the

burden of proving those

defenses.

Wash. Rev. Code §§

49.58.010 to 49.58.030

Equal pay law:

Employers cannot seek

the wage or salary

history of any job

applicant, from the

applicant or his or her

current or former

employer, or require

that an applicant's prior

wage or salary history

meet certain criteria.

However, they can

confirm an applicant's

wage or salary history

if:

the applicant has

voluntarily disclosed his

or her wage or salary

history; or

the employer has

already negotiated and

made an employment

offer with

compensation to the

applicant.

Salary expectations:

Employers with fifteen

or more employees

must provide an

applicant the minimum

wage or salary for the

position sought, upon

the applicant's request,

after initially offering

that position to him or

her. Employers with

fifteen or more

employees also must

provide an employee

the wage scale or

salary range for any

internal transfer to a

new position or

promotion sought by

the employee, upon the

employee's request. If

no wage scale or salary

range exists, the

employer must provide

its minimum wage or

salary expectation

before posting the

position, making the

Employers cannot

discharge or retaliate or

otherwise discriminate

against employees

because they:

file complaints;

initiate or trigger

proceedings under the

Equal pay law;

testify or are about to

testify in such

proceedings; or

exercise any rights

under the law on behalf

of themselves or other

people.

Wash. Rev. Code §

49.58.050

The Washington State

Department of Labor

and Industries can

order employers that

violate the law to:

pay actual damages;

pay statutory damages

equal to the amount of

actual damages or

$5,000, whichever is

greater;

pay interest of 1

percent per month on

all compensation owed;

pay the department's

investigation and

enforcement costs;

pay fines of up to $500

for a first violation and

up to $1,000 or 10

percent of damages,

whichever is greater,

for each subsequent

violation; and

comply with other

remedies.

Wages and interest

owed are calculated for

the four years

preceding the last

violation before the

related complaint was

filed. Wages and

interest owed for

violations of the salary

history provisions must

be calculated from the

first date that wages

were owed to the

employee. If wages are

owed because of

unlawful compensation

discrimination based on

gender, employers are

credited for any

compensation they

paid to affected

employees. For the

purpose of determining

fines for violations of

the law's pay

discrimination

prohibitions and

retaliation prohibition,

Coverage: Equal pay

law: Wash. Rev. Code

§§ 49.58.010 to

49.58.020, 49.58.110

Fair employment

practices law: Wash.

Rev. Code §§

49.60.040,

49.60.180 to 49.60.200;

Wash. Admin. Code §§

162-16-200,

162-16-

220

Pay Discrimination

Prohibitions: Equal pay

law: Wash. Rev. Code

§§ 49.58.010 to

49.58.030

Fair employment

practices law: Wash.

Rev. Code §§

49.60.040, 49.60.172 to

49.60.174, 49.60.180

(2020 Wash. Laws 52

(SB

5165)), 49.60.220

Wage Disclosure:

Equal pay law: Wash.

Rev. Code § 49.58.040

Salary History:

Equal pay law: Wash.

Rev. Code §

49.58.020;

49.58.100 to 49.58.110

Retaliation Prohibition:

Equal pay law: Wash.

Rev. Code § 49.58.050

Penalties/Remedies:

Equal pay law: Wash.

Rev. Code §§

49.58.010 to 49.58.030,

49.58.060 to 49.58.070,

49.58.100 to

49.58.110

Washington Laws:

http://apps.leg.wa.gov/r

cw/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 79

November 10, 2021

Washington

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

military status; the presence of sensory, mental, or

physical disabilities; and the use of trained dog

guides or service animals by people with disabilities.

Sexual orientation includes gender expression or

identity. National origin includes ancestry. Employers

also cannot discriminate in compensation based on

the results of an HIV or hepatitis C test, unless the

absence of HIV or hepatitis C infection is a BFOQ.

Wash. Rev. Code §§ 49.60.040, 49.60.180 to

49.60.200; Wash. Admin. Code §§ 162-16- 200, 162-

16-220.

Employers and their managers, employees, or

agents cannot aid, abet, encourage, or incite anyone

to commit unlawful discriminatory practices. They

also cannot try to obstruct or prevent anyone from

complying with the law or orders issued under the

law.

Wash. Rev. Code §§ 49.60.040, 49.60.172 to

49.60.174, 49.60.180 (2020 Wash. Laws 52 (SB

5165)), 49.60.220

transfer, or making the

promotion.

Employers cannot use

employees' previous

wage or salary history

as a defense against

alleged violations of the

Equal pay law's pay

discrimination

prohibitions (excluding

the provisions on

career advancement

opportunities).

Wash. Rev. Code §§

49.58.020, 49.58.100 to

49.58.110

each violation affecting

an employee is

considered a separate

violation.

Employees alleging

violations of the

provisions on career

advancement

opportunities are

entitled to these

remedies only if the

department finds that

employers committed a

pattern of violations

against employees or

committed violations

through the application

of formal or informal

employer policies or

practices. (Those

provisions are part of

the law's pay

discrimination

prohibitions.)

Employee lawsuits:

Employers that are

sued by employees can

be ordered to:

stop violations;

pay actual damages;

pay statutory damages

equal to the amount of

actual damages or

$5,000, whichever is

greater;

pay interest of 1

percent per month on

all compensation owed;

reinstate employees;

and

pay reasonable

attorneys' fees and

costs.

Wages and interest

owed are calculated for

the four years

preceding the last

violation before the

related complaint was

filed. Wages and

interest owed for

violations of the salary

history provisions must

be calculated from the

Washington

Regulations:

http://apps.leg.wa.gov/w

ac/

Washington State

Department of Labor

and Industries: https:

//www.lni.wa.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 80

November 10, 2021

Washington

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

first date that wages

were owed to the

employee. If wages are

owed because of

unlawful compensation

discrimination based on

gender, employers are

credited for any

compensation they

paid to affected

employees.

Employees alleging

violations of the

provisions on career

advancement

opportunities are

entitled to these

remedies only if courts

find that employers

committed a pattern of

violations against

employees or

committed violations

through the application

of formal or informal

employer policies or

practices. (Those

provisions are part of

the law's pay

discrimination

prohibitions.)

Employers that

discriminate based on

gender in providing

compensation to

employees who are

similarly employed are

guilty of a

misdemeanor.

Wash. Rev. Code §§

49.58.010 to 49.58.030,

49.58.060 to

49.58.070, 49.58.100 to

49.58.110

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 81

November 10, 2021

West Virginia

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

West Virginia

Public and private

employers with one or

more employees are

covered by West

Virginia Equal pay law.

Employees do not

include independent

contractors or workers

whose employment

contract is entered into

out-of-state. The law

does not apply to

employers that are

covered by any federal

law requiring equal

wages for equal work

regardless of

employees' sex.

W. Va. Code § 21-5B-1

Sex

W. Va. Code Ann. § 21-

5B-3

Equal pay law:

Employers cannot discriminate based on sex in

the payment of wages for work of comparable

character that requires comparable skills. They

also cannot pay employees of one sex wage rates

that are lower than the wage rates paid to

employees of the opposite sex for work of

comparable character that requires comparable

skills. Wages are all compensation for

employment, including compensation paid in cash

or otherwise. Rates include compensation based

on time spent in the performance of duties, the

number of operations accomplished or the

quantity of work produced or handled. W. Va.

Code Ann. § 21-5B-3

Employers violate the Equal pay law cannot

reduce employees' wage rates to comply with the

prohibitions. W. Va. Code §§ 21-5B-1, 21-5B-3

Statutory Language: W. Va. Code Ann. § 21-5B-3.

Discrimination between sexes in payment of wages

for work of

comparable character prohibited

"(1) No employer shall: (a) In any manner

discriminate between the sexes in the payment of

wages for work of comparable character, the

performance of which requires comparable skills;

(b) pay wages to any employee at a rate less than

that at which he pays wages to his employees of

the opposite sex for work of comparable

character, the performance of which requires

comparable skills.

Subsection (1) of this section does not apply

where: (a) Payment is made pursuant to a

seniority or merit system which does not

discriminate on the basis of sex, (b) a differential

in wages between employees is based in good

faith on factors other than sex. No employee shall

be reduced in wages in order to eliminate an

existing, past or future wage discrimination or to

effectuate wage equalization.

No employer shall in any manner discriminate in

the payment of wages against any employee

because the employee has filed a complaint in a

proceeding under this article, or has testified, or is

about to testify, or because the employer believes

that the employee may testify, in any investigation

or proceedings pursuant to this article or in a

criminal action pursuant to this article.”

Fair employment practices law:

Employers cannot discriminate against employees

in compensation, privileges and other terms of

employment if they are able and competent to

perform required duties. Employers can comply

Equal pay law:

Employers can pay

different wages:

based on seniority or

merit increase systems

that do not discriminate

based on sex; or

when such differences

are based in good faith

on factors other than

sex.

W. Va. Code Ann. § 21-

5B-3

Fair employment

practices law:

Employers can comply

with the terms of bona

fide pension,

retirement, employee

insurance or benefit

plans that are not

created to evade these

pay discrimination

prohibitions.

W. Va. Code §§ 5-11-3,

5-11-9

N/A

Employers cannot

discriminate in the

payment of wages

against employees

because they file

complaints or testify, or

because employers

believe they will testify,

in any proceedings

related to violations of

the Equal pay law.

W. Va. Code § 21-5B-3

Employers that violate

the Equal pay law are

guilty of a misdemeanor

and can be fined $25 to

$100. Employers that

are sued also can be

ordered to pay unpaid

wages owed to

employees for the one-

year period preceding

the filing of this lawsuit,

an equal amount in

liquidated damages

and reasonable

attorneys' fees.

W. Va. Code §§ 21-5B-

4 to 21-5B-5

Coverage: Equal pay

law: W. Va. Code § 21-

5B-1

Fair employment

practices law: W. Va.

Code § 5-11-3; W. Va.

Code St. R. §§ 77-7-1

to 77-7-2

Pay Discrimination

Prohibitions: Equal pay

law: W. Va. Code §§

21-5B-1, 21-5B-3

Fair employment

practices law: W. Va.

Code §§ 5-11-3, 5-11-9

Retaliation Prohibition:

Equal pay law: W. Va.

Code § 21-5B-3

Penalties/Remedies:

Equal pay law: W. Va.

Code §§ 21-5B-4 to 21-

5B-5

West Virginia Laws:

http://www.wvlegislature.

gov/WVCODE/Code.cfm

West Virginia

Department of

Commerce, Division of

Labor: http:

//www.wvlabor.com

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 82

November 10, 2021

West Virginia

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

with the terms of bona fide pension, retirement,

employee insurance or benefit plans that are not

created to evade these pay discrimination

prohibitions.

W. Va. Code §§ 5-11-3, 5-11-9

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 83

November 10, 2021

Wisconsin

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Wisconsin

Public and private

employers with one or

more employees,

employment agencies,

labor organizations,

and licensing agencies

are covered by the pay

discrimination

prohibitions. Employees

do not include certain

real estate licensees

(as provided in Wis.

Stat. § 452.38) and

anyone employed by a

parent, spouse, or

child.

[Note: Franchisors are

not considered to be

employers of

franchisees or their

employees (as defined

by 16 C.F.R. § 436.1),

unless franchisors

agreed to this

arrangement in writing

or exercised an

unusual type or degree

of control over

franchisees or their

employees for

trademark and brand

protection purposes

(Wis. Stat. §

111.3205).]

Wis. Stat. §§ 111.32,

111.321

Age (40 and older),

race, creed, color,

disability, marital

status, sex, national

origin, ancestry, arrest

or conviction records,

military service, the use

or nonuse of lawful

products off employer

premises during

nonwork hours, or

declining to attend

meetings or participate

in communications

about religious or

political matters.

Wis.

Stat. Ann. § 111.321

Employers cannot discriminate in compensation

based on age (40 and older), race, creed, color,

disability, marital status, sex, national origin,

ancestry, arrest or conviction records, military

service, the use or nonuse of lawful products off

employer premises during nonwork hours, or

declining to attend meetings or participate in

communications about religious or political

matters.

Sex discrimination includes discriminating:

based on sex in compensation for equal or

substantially similar work, unless sex is a bona

fide occupational qualification (BFOQ);

against female employees in compensation based

on pregnancy, childbirth, maternity leave or

related medical conditions; and

in compensation based on sexual orientation.

Sex is a BFOQ if all members of one sex are

physically incapable of performing a job's

essential duties or if employers' essential

business operations would be undermined by

employing members of both sexes.

Employers can discriminate in compensation

based on disability if employees' disabilities are

reasonably related to their ability to adequately

perform their job-related responsibilities. In

making this determination, employers can

consider the safety of employees, their co-

workers, and the public. The determination must

be made on an individual case-by case basis, not

by a general rule that prohibits the employment of

all people or a particular class of people with

disabilities.

Employers can discriminate in compensation

based on employees' use or nonuse of lawful

products off employer premises during nonwork

hours if such use or nonuse:

impairs their ability to adequately perform their

job-related responsibilities;

creates a conflict of interest, or the appearance of

a conflict of interest, with their job-related

responsibilities;

conflicts with a BFOQ that is reasonably related to

their job-related responsibilities;

constitutes a violation of Wis. Stat. § 254.92(2);

conflicts with any federal or state law, regulation,

or rule.

Employers can discriminate against employees in

compensation if:

Sex is a BFOQ if all

members of one sex

are physically

incapable of performing

a job's essential duties

or if employers'

essential business

operations would be

undermined by

employing members of

both sexes.

Employers can

discriminate in

compensation based

on disability if

employees' disabilities

are reasonably related

to their ability to

adequately perform

their job-related

responsibilities. In

making this

determination,

employers can consider

the safety of

employees, their co-

workers, and the

public. The

determination must be

made on an individual

case-by case basis, not

by a general rule that

prohibits the

employment of all

people or a particular

class of people with

disabilities.

Employers can

discriminate in

compensation based

on employees' use or

nonuse of lawful

products off employer

premises during

nonwork hours if such

use or nonuse:

impairs their ability to

adequately perform

their job-related

responsibilities;

creates a conflict of

interest, or the

appearance of a

N/A

See Fair employment

practices law.

See Fair employment

practices law.

Coverage: Fair

employment practices

law: Wis. Stat. §§

111.32, 111.321

Pay Discrimination

Prohibitions: Wis. Stat.

§§ 111.32, 111.321 to

111.322, 111.33,

111.34, 111.35 to

111.365

Salary History: Wis.

Stat. § 103.36

Wisconsin Laws:

https://docs.legis.wiscon

sin.

gov/statutes/preface

s/toc

Wisconsin Regulations:

http://legis.wisconsin.go

v/rsb/code.htm

Wisconsin Department

of Workforce

Development:

https://dwd.

wisconsin.gov/

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 84

November 10, 2021

Wisconsin

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

they decline to attend meetings or participate in

communications about religious or political

matters;

the primary purpose of these meetings or

communications is to provide information about

religious or political matters that employers are

legally required to provide; and

employers do not provide any information about

religious or political matters beyond what is legally

required.

Wis. Stat. §§ 111.32, 111.321 to 111.322, 111.33,

111.34, 111.35 to 111.365

conflict of interest, with

their job-related

responsibilities;

conflicts with a BFOQ

that is reasonably

related to their job-

related responsibilities;

constitutes a violation

of Wis. Stat. §

254.92(2);

conflicts with any

federal or state law,

regulation, or rule.

Employers can

discriminate against

employees in

compensation if:

they decline to attend

meetings or participate

in communications

about religious or

political matters;

the primary purpose of

these meetings or

communications is to

provide information

about religious or

political matters that

employers are legally

required to provide;

and

employers do not

provide any information

about religious or

political matters beyond

what is legally required.

Wis. Stat. §§ 111.32,

111.321 to 111.322,

111.33, 111.34, 111.35

to 111.365

The Pay Equity Project – Fifty-State Pay Equity Law Summary

Page | 85

November 10, 2021

Wyoming

Coverage

Protected Classes

Key Provisions

Employer Defenses

Salary History

Retaliation

Remedies/Damages:

Citing References

Wyoming

Public and private

employers and their

agents are covered by

the Equal pay law.

Wyo. Stat. §§ 27-4-301

to 27-4-302

Equal pay law: sex

Wyo. Stat. Ann. § 27-4-

302

Fair employment

practices law: age (40

or over), sex, race,

creed, color, national

origin, ancestry,

pregnancy, or disability.

Wyo. Stat. § 27-9-105

Equal pay law:

Employers cannot pay employees of one sex at

wage rates that are lower than the wage rates

paid to employees of the opposite sex for equal

work that requires equal skill, effort, and

responsibility under similar working conditions in

the same establishment. Wyo. Stat. Ann. § 27-4-

302

Statutory Language: Wyo. Stat. Ann. § 27-4-302.

Prohibition on paying employees less for same work

“(a) No employer shall discriminate, within the

same establishment in which the employees are

employed, between employees on the basis of

gender by paying wages to employees at a rate

less than the rate at which the employer pays

wages to employees of the opposite gender for

equal work on jobs the performance of which

requires equal skill, effort and responsibility and

which are performed under similar working

conditions, except where the payment is made

pursuant to:

A seniority system;

A merit system;

A system which measures earning by quantity or

quality of production; or

A differential based on any other factor other than

gender.”

Fair employment practices law: Employers cannot

discriminate in compensation based on age (40

and older), sex, race, creed, color, national origin,

ancestry, pregnancy, or disability. Employers also

cannot reduce the wages of any employees to

comply with these prohibitions. Wyo. Stat. § 27-9-

105

Employers can pay

wage differentials

pursuant to seniority or

merit systems, systems

that measure earnings

by production quantity

or quality, or any factor

other than sex. Wyo.

Stat. § 27-4-302

N/A

Employers cannot

discharge or otherwise

discriminate against

employees because

they make complaints

to employers, the

Wyoming Department

of Workforce Services,

or other persons

concerning the Equal

pay law; initiate or

cause initiation of

proceedings related to

the law; or testify or will

testify in proceedings

related to the law.

Wyo. Stat. §§ 27-4-301,

27-4-304

Employers that are

convicted of willfully

violating the Equal pay

law, including the

related retaliation

prohibition, will be fined

$25 to $200 (effective

July 1, 2019, up to

$500), imprisoned for

10 to 180 days

(effective July 1, 2019,

up to six months), or

both. Each day of a

continuing violation is a

separate offense.

Employers that violate

the law also can be

ordered by the

Wyoming Department

of Workforce Services

to pay the amount of

wages due plus an

equal amount in

liquidated damages.

Employers that are

sued by employees can

be ordered to pay the

amount of unpaid

wages plus an equal

amount in liquidated

damages.

Wyo. Stat. §§ 27-4-303

to 27-4-304 (2019 Wyo.

Sess. Laws 20

(H.B. 71)

Coverage: Equal pay

law: Wyo. Stat. §§ 27-

4-301 to 27-4-302

Fair employment

practices law: Wyo.

Stat. § 27-9-102; 053-

0024 Wyo. Code R. §

3-2

Pay Discrimination

Prohibitions: Equal pay

law: Wyo. Stat. § 27- 4-

302

Fair employment

practices law: Wyo.

Stat. § 27-9-105

Retaliation Prohibition:

Equal pay law: Wyo.

Stat. §§ 27-4-301, 27-

4-304

Penalties/Remedies:

Equal pay law: Wyo.

Stat. §§ 27-4-303 to 27-

4-304 (2019 Wyo.

Sess. Laws 20 (H.B.

71)

Wyoming Laws:

http://legisweb.state.wy

.us/LSOWeb/StatutesD

ownload.aspx

Wyoming Regulations:

http://soswy.state.wy.us

/AdminServices/Rules

Overview.aspx

Wyoming Department

of Workforce Services:

http://www.

wyomingworkforce.org/