An employer 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. A wage differential is permitted where made pursuant to any of the following:
Alabama HB 225 (2019).
Updated 06/12/2019
Salary History Restrictions
An employer cannot 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 by the applicant's current or former employer.
Alabama HB 225 (2019).
Updated 06/12/2019
The Alaska Human Rights Law prohibits:
The Act does not specify any exceptions to the rule.
Alaska Stat. § 18.80.220.
An employer cannot pay any employee 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.
Ariz. Rev. Stat. § 23-341.
The statute does not prohibit a variation in 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.
Ariz. Rev. Stat. § 23-341.
An employer is required to pay employees equal compensation for equal service, and is prohibited from discriminating against any employee in the matter of wages or compensation solely on the basis of sex.
Ark. Code § 11-4-601.
An employer is further prohibited from discriminating in the payment of wages “as between the sexes” and from paying any female employee a salary or wage rate less than the rate paid to male employees for comparable work.
Ark. Code § 11-4-610.
The statute does not 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.
Ark. Code § 11-4-610.
California Equal Pay Act
An employer is prohibited from paying an employee at a wage rate less than the rate paid to employees of the opposite sex or of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. The Equal Pay Act does not cover individuals employed as outside salespeople.
Wage differentials are permitted if the employer demonstrates that:
However, this defense does not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.
An applicant's or employee's prior salary does not justify any disparity in compensation. However, this provision cannot be interpreted to mean that an employer may not make a compensation decision based on a current employee’s existing salary, so long as any wage differential resulting from that compensation decision is justified by one or more of the factors identified above.
Cal. Lab. Code § 1197.5.
Updated 07/20/2018
Salary History Inquiry Bans
California
An employer cannot:
The statute does not prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer. In addition, if an applicant voluntarily and without prompting discloses salary history information to a prospective employer, the statute does not prohibit the employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant. Consistent with the California Equal Pay Act, however, nothing in the statute may be construed to allow prior salary to justify any disparity in compensation.
The statute does not apply to salary history information disclosable to the public pursuant to federal or state law, including the California Public Records Act or the federal Freedom of Information Act.
An employer, upon reasonable request, must provide the pay scale for a position to an applicant applying for employment. “Pay scale” means a salary or hourly wage range. “Reasonable request” means a request made after an applicant has completed an initial interview with the employer.
An employer is not prohibited from asking an applicant about his or her salary expectation for the position being applied for. “Applicant” or “applicant for employment” means an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position.
Cal. Lab. Code § 432.3.
San Francisco
The San Francisco Parity in Pay Ordinance prohibits employers from:
The Ordinance further prohibits an employer from releasing the salary history of a current or former employee to that person's prospective employer without the person's written authorization, unless the release of salary history is required by law, is part of a publicly available record, or is subject to a collective bargaining agreement.
The Ordinance does not prohibit an applicant from disclosing his or her salary history voluntarily and without prompting. If an applicant discloses his or her salary history in this manner, or provides written authorization for release of his or her salary history, an employer may consider the applicant's salary history to determine the applicant's salary or verify the applicant's salary history.
An employer may, without inquiring about salary history, engage in discussion with the applicant about the applicant’s expectations with respect to salary, including but not limited to unvested equity or deferred compensation or bonus that an applicant would forfeit or have cancelled by virtue of the applicant’s resignation from his or her current employment. An employer is also not prohibited from verifying non-salary related information the applicant disclosed or from conducting a background check, provided that if the verification or background check discloses the applicant’s salary history, the employer cannot consider salary history for purposes of determining the salary to be offered to the applicant during the hiring process or whether to offer employment to the applicant.
An employer cannot use salary history alone to justify paying any employee of a different sex, race or ethnicity less than an applicant or prospective employee for doing substantially similar work under similar working conditions.
San Francisco Police Code §§ 3300J.3, 3300J.4.
Updated 07/20/2018
Colorado Equal Pay for Equal Work Act
An employer is prohibited from discriminating between employees on the basis of sex, or on the basis of sex in combination with another protected class, 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:
Colo. Rev. Stat. § 8-5-102.
"Sex" means an employee's gender identity. “Wage rate” means:
The employer must keep records of job descriptions and wage rate history for each employee, including salary or hourly wage, benefits, and all bonuses, commissions, and other compensation received, for the duration of the employment plus two years after the end of employment in order to determine if there is a pattern of wage discrepancy. Records must include any changes to job description or compensation over time.
Colo. Rev. Stat. §§ 8-5-201 - 85-5-202; Interpretive Notice & Formal Opinion (“INFO”) # 9: Equal Pay for Equal Work Act, Part 2: Transparency in Pay and Opportunities for Promotion and Advancement (December 2020).
Updated 12/23/2020
Salary History Inquiry Bans
Effective January 1, 2021
Colorado Equal Pay for Equal Work Act
An employer is prohibited from:
Colo. Rev. Stat. § 8-5-102.
An employer must disclose in each posting for each job opening the hourly or salary compensation, or a range of the hourly or salary compensation, and a general description of all of the benefits and other compensation to be offered to the hired applicant. The employer must keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment in order to determine if there is a pattern of wage discrepancy.
Colo. Rev. Stat. §§ 8-5-201 - 85-5-202.
Updated 05/30/2019
An employer of 1 or more employees is prohibited from discriminating in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex constitutes discrimination within the meaning of the statute.
If an employee can demonstrate that the 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, the employer must demonstrate that the pay differential is pursuant to:
Effective October 1, 2021, the standard for determining whether a pay differential is discriminatory is amended. The employee must demonstrate that the 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 comparable work on a job, when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. The employer must then demonstrate that differential in pay is made pursuant to:
The bona fide factor defense applies only if the employer demonstrates that the factor is not based upon or derived from a sex-based differential in compensation, and is job-related and consistent with business necessity. The defense is inapplicable where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing a pay differential and that the employer has refused to adopt such alternative practice.
Conn. Gen. Stat. § 31-75.
Any agreement to work for less than the wage to which an employee is entitled cannot serve as a defense to an equal pay violation claim.
Conn. Gen. Stat. § 31-76.
Updated 06/09/2021
Salary History Restrictions
Employers of 1 or more employees cannot inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information. "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation.
Exceptions:
Conn. Gen. Stat. § 31-40z(b)(5).
Updated 05/23/2018
An employer cannot pay an employee at a wage rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work for a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions.
Del. Code Ann. tit. 19, § 1107A.
A wage differential is permitted if based on:
An employer that is paying a wage rate differential in violation of the statute cannot reduce the wage rate of any employee to comply with the statute.
Del. Code Ann. tit. 19, § 1107A.
Salary History Inquiry Ban
It is an unlawful employment practice for an employer or an employer’s agent to:
“Compensation” includes monetary wages as well as benefits and other forms of compensation.
Exceptions:
Del. Code Ann. tit. 19, § 709B.
The District of Columbia Human Rights Act makes it unlawful for an employer to discriminate against any individual with respect to the individual’s compensation on the basis of a protected classification.
D.C. Code § 2-1402.11(a).
The statute does not specify any exceptions to the rule.
Employers of 2 or more employees are prohibited from discriminating 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.
Fla. Stat. § 448.07.
Differences in wage rate are permitted where pursuant to:
Fla. Stat. § 448.07.
Florida contract law prohibits a person from discriminating against any person based on sex, marital status, or race in the areas of loaning money, granting credit, or providing equal pay for equal services performed.
Fla. Stat. § 725.07.
Employers of 10 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions.
Ga. Code Ann. §§ 34-5-2, 34-5-3.
Wage differentials may be permitted where made pursuant to:
An employer paying a wage rate differential in violation of the statute cannot, in order to comply with the statute, reduce the wage rate of any employee.
Ga. Code Ann. § 34-5-3.
Equal Pay Statute
Employers of 1 or more employees cannot discriminate between employees in the same establishment because of sex by paying wages at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions.
Haw. Rev. Stat. §§ 378-1, 378-2.3(a).
Wage differentials are permissible if resulting from:
Haw. Rev. Stat. § 378-2.3(a).
Wage Discrimination
Hawaii’s wage and hour statute prohibits all employers from discriminating in any way in the payment of wages on the basis of race, religion, or sex.
Haw. Rev. Stat. §§ 387-1, 387-4.
The law does not prohibit variation in wage rates for employees engaged in the same classification of work based upon:
Haw. Rev. Stat. § 387-4.
Salary History Inquiry Provisions
An employer, including an employment agency, or employee or agent thereof, is prohibited from:
"Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but does not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. "Inquire" means to:
Exceptions to the prohibition:
The prohibition does not apply:
Haw. Rev. Stat. § 378-2.4.
Updated 12/03/2018
All employers are prohibited from discriminating among employees in the same establishment on the basis of sex by paying wages to any employee in any occupation 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.
Idaho Code Ann. §§ 44-1701, 44-1702.
Differentials based on established seniority systems or merit increase systems that do not discriminate on the basis of sex are permitted.
Idaho Code Ann. § 44-1702.
Illinois
The Illinois Equal Pay Act prohibits an employer from discriminating 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.
The Act also prohibits an employer from discriminating between employees by paying wages to an African-American employee at a lower wage rate than that paid to non-African-American employees 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.
A wage differential is permitted where the payment is made under:
"Any other factor" means a factor that:
An employer paying wages in violation of the Act may not reduce the wages of any other employee in order to comply with the Act.
The Act does not require an employer to pay an employee at a workplace in a particular county wages that are equal to the wages paid by that employer at a workplace in another county to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
820 Ill. Comp. Stat. 112/10(a).
Chicago
The Chicago Human Rights Ordinance prohibits employers from discriminating among employees based upon membership in a protected class (race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, credit history, criminal record or criminal history, or source of income) in negotiating or establishing wages, benefits or other compensation. An employer may not differentiate, based upon membership in a protected class, among employees performing the same or substantially the same work under like working conditions in fixing the employees’ wages and benefits.
A wage differential may be permissible where the employer is hiring or selecting between individuals based on bona fide occupational qualifications.
Chicago Muni. Code § 2-160-030; Chicago Rules Implementing the Chicago Human Rights Ordinance, Chicago Fair Housing Ordinance, and the Commission on Human Relations' Enabling Ordinance § 325.100.
Updated 07/31/2019
Salary History Inquiry Bans
The Illinois Equal Pay Act makes it unlawful for an employer or employment agency, or employee or agent thereof, to:
820 Ill. Comp. Stat. 112/10(b-5).
It is also unlawful for an employer to seek an applicant's wage or salary history, including benefits or other compensation, from any current or former employer. This prohibition does not apply if:
820 Ill. Comp. Stat. 112/10(b-10).
The Act does not prohibit employer or employment agency, or an employee or agent thereof, from:
820 Ill. Comp. Stat. 112/10(b-15).
An employer is not in violation of the Act if a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation.
820 Ill. Comp. Stat. 112/10(b-20).
An employer cannot discharge or in any other manner discriminate against any individual because the individual fails to comply with any wage or salary history inquiry.
820 Ill. Comp. Stat. 112/10(c).
Chicago
No provision.
Updated 07/31/2019
The Indiana minimum wage statute prohibits non-FLSA-covered employers from discriminating between employees within any establishment on the basis of sex by paying an employee a rate less than the rate at which the employer 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.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
The Iowa Civil Rights Law makes it an unfair or discriminatory practice for an employer of 4 or more employees to discriminate against an employee on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability 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.
A pay differential may be permissible if:
An employer paying wages to an employee at a rate less than the rate paid to other employees in violation of the statute cannot remedy the violation by reducing the wage rate of any employee.
Iowa Code § 216.6A.
The Kansas Minimum Wage and Maximum Hours Law prohibits non-FLSA-covered employers from discriminating between employees within any establishment on the basis of sex by paying wages at a rate less than the rate of wages paid 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.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
Kan. Stat. § 44-1205.
Employers of 2 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.
The prohibition does not apply to wage differentials paid pursuant to established seniority systems or merit increase systems and that do not discriminate on the basis of sex.
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
Ky. Rev. Stat. §§ 337.420, 337.423.
It is unlawful discrimination for an employer to 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. It is not unlawful for an employer to apply different standards of compensation pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or any other differential based on any factor other than sex, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin.
An employer paying wages in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute.
La. Rev. Stat. § 23:332.
An employer is prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation 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 are permissible if 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.
Me. Stat. tit. 26, § 628.
Salary History Inquiry Bans
An employer may not use or inquire about a prospective employee's compensation history from the prospective employee or a current or former employer of the prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. After the employer makes such an offer of employment, the employer may inquire about or confirm the prospective employee's compensation history.
Me. Stat. tit. 5, § 4577; Me. Stat. tit. 26, § 628-A.
If an employee or prospective employee has voluntarily disclosed compensation history information, without prompting by the employer or employment agency, the employer or employment agency may seek to confirm or permit a prospective employee to confirm such information prior to an offer of employment.
Me. Stat. tit. 5, § 4577.
The prohibition on compensation history inquiries does not apply to an employer who inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes.
Me. Stat. tit. 5, § 4577; Me. Stat. tit. 26, § 628-A.
Violation of the prohibition on compensation history inquiries is evidence of unlawful employment discrimination under the Maine Human Rights Act.
Me. Stat. tit. 5, § 4577.
Updated 04/16/2019
An employer may not discriminate between employees in any occupation by:
An employee is considered to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county.
“Providing less favorable employment opportunities” means:
The statute does not prohibit a variation in a wage that is based on:
An employer paying a wage in violation of the statute may not reduce another wage to comply with the statute.
Md. Code Ann., Lab. & Empl. § 3-304.
Salary History Ban
An employer cannot:
An employer must provide an applicant with the wage range for the job for which the applicant applied.
An applicant is not prohibited from providing their wage history to an employer voluntarily. If the applicant voluntarily provides a wage history, the employer – after making an initial offer of employment along with a compensation offer to the applicant – may rely on or seek to confirm the applicant’s wage history to support a wage offer higher than the offer the employer originally extended, but only if the higher compensation offer would not create an unlawful pay differential based on a protected characteristic.
Md. Code Ann., Lab. & Empl. § 3-304.2.
Updated 05/12/2020
The Massachusetts Act to Establish Pay Equity prohibits an employer from discriminating on the basis of gender in the payment of wages, or from paying an employee a salary or wage rate less than the rates paid to employees of a different gender for comparable work.
“Comparable work” means work that is substantially similar in that it requires substantially similar skill, effort, and responsibility and is performed under similar working conditions, irrespective of job titles or descriptions. Multi-state employers should ensure that employees within the same geographic area within Massachusetts are paid equally for performing comparable work, unless excluding out-of-state employees from the analysis is not reasonable under the circumstances. "Substantially similar" means that each of the factors being considered are alike to a great or significant extent, but are not necessarily identical or alike in all respects. Minor differences in skill, effort, or responsibility will not prevent two jobs from being considered comparable. “Working conditions” means environmental and other similar circumstances customarily taken into consideration in setting salary or wages, including but not limited to reasonable shift differentials, and the physical surroundings and hazards encountered by employees performing a job. "Working conditions" also includes the day or time shifts are scheduled.
Variations in wages are not prohibited if based upon:
Different geographic work locations may constitute a valid reason for variations in pay for comparable work when the locations correspond with different costs of living or differences in the relevant labor market from one geographic location to another.
An employer that completes a good-faith self-evaluation of its pay practices within three years of a previous claim for equal pay violations, and can demonstrate that reasonable progress has been made towards eliminating compensation differentials based on gender, has an affirmative defense to liability for an equal pay violation. Relevant factors include whether the evaluation includes a reasonable number of jobs and employees; whether the evaluation takes into account all reasonably relevant and available information; and whether the evaluation is reasonably sophisticated in its analysis of potentially comparable jobs, employee compensation, and the application of the permissible reasons for pay disparities. If an employer’s self-evaluation is found to be insufficient in detail or scope, but was nonetheless conducted in good faith, and the employer has made reasonable progress toward eliminating identified pay disparities, the employer will not be required to pay liquidated damages to an affected employee or employees. Administrative guidance provides a detailed guide to performing self-evaluations.
Massachusetts Office of the Attorney General, An Act to Establish Pay Equity: Overview and Frequently Asked Questions (March 1, 2018) at Appendix A.
The Act covers all Massachusetts employers, including those outside of Massachusetts if they have employees with a primary place of work in Massachusetts. The Act applies to employees with a primary place of work in Massachusetts. It does not matter where an employee lives. For most employees, the location where they do most of their work for their employer is their primary place of work.
Mass. Gen. Laws ch. 149, § 105A [as amended by Massachusetts SB 119 (2016)]; Massachusetts Office of the Attorney General, An Act to Establish Pay Equity: Overview and Frequently Asked Questions (March 1, 2018).
Updated 03/05/2018
Salary History Inquiry Bans
An employer is prohibited from:
If an applicant has voluntarily disclosed such information, the employer may confirm the applicant’s prior wages or salary or permit the applicant to confirm prior wages or salary. The information will qualify as "voluntarily disclosed" if a reasonable person in the prospective employee’s position would not think, based on the employer’s words or actions, that the employer suggested or encouraged the disclosure. In addition, an employer may ask about a prospective employee's salary requirements or expectations.
The employer is also permitted to seek or confirm an applicant’s wage or salary history after extending to the applicant an offer of employment in which the compensation for the position has been negotiated.
Mass. Gen. Laws ch. 149, § 105A [as amended by Massachusetts SB 119 (2016)]; Massachusetts Office of the Attorney General, An Act to Establish Pay Equity: Overview and Frequently Asked Questions (March 1, 2018).
Updated 03/05/2018
A non-FLSA-covered employer with 2 or more employees is prohibited from discriminating between employees on the basis of sex by paying wages to employees within the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions.
A wage differential is permitted if payment is made pursuant to one or more of the following:
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of an employee to comply with the statute.
Mich. Comp. Laws §§ 408.412, 408.423.
An employer that discriminates in any way in the payment of wages as between male and female employees who are similarly employed is guilty of a misdemeanor. However, any difference in wage rates based upon a factor other than sex does not violate the statute.
Mich. Comp. Laws § 750.556.
The Minnesota Equal Pay for Equal Work Law prohibits employers from discriminating 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.
Pay differentials are permitted if 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 other factor other than sex.
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee to comply with the statute.
Minn. Stat. § 181.67.
No provision. However, Mississippi employers must follow federal law.
Federal Equal Pay Act
The Equal Pay Act prohibits FLSA-covered employers from discriminating between employees within the same establishment on the basis of sex by paying wages to employees at a rate less than the rate at which the employer 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.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the statute cannot reduce an employee’s wages in order to comply.
29 U.S.C. § 206(d).
Title VII of the Civil Rights Act of 1964
Title VII prohibits employers of 15 or more employees from discriminating against an individual with respect to compensation on the basis of a protected classification.
It is not an unlawful employment practice for an employer to apply different standards of compensation pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate on the basis of a protected classification.
42 U.S.C. §§ 2000e, 2000e-2.
An employer is prohibited from paying any female employee 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.
The statute does not prohibit a variation of rates of pay for male and female employees engaged in the same classification of work, when made in good faith based upon:
Mo. Rev. Stat. § 290.410.
Kansas City
Employers of 6 or more employees are prohibited from discriminating against any individual with respect to compensation because of such individual's race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity or age.
Kansas City Code of Ordinances §§ 38-1(a)(16), 38-103(a).
However, it is not an unlawful employment 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.
Kansas City Code of Ordinances § 38-103(b).
Updated 05/29/2019
Salary History Inquiry Bans
Missouri
No statewide provision
Kansas City
Employers of 6 or more employees are prohibited from:
Kansas City Code of Ordinances §§ 38-1(a)(16), 38-102(a).
"Salary history" means an applicant's current or prior wages, benefits, or other compensation, and does not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. "Inquire" means to communicate any question or statement to an applicant, an applicant’s current or prior employers, or a current or former employee or agent of the applicant’s current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant’s salary history, or to conduct a search of publically available records or reports for the purpose of obtaining an applicant’s salary history, but does not include informing the applicant in writing or otherwise about the position’s proposed or anticipated salary or salary range.
Kansas City Code of Ordinances § 38-1(a).
An employer or its agent may, without inquiring about salary history, engage in discussion with the applicant about the expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant's resignation from their current employer.
Kansas City Code of Ordinances § 38-102(b).
The prohibition on salary history inquiries does not apply in the following circumstances:
Kansas City Code of Ordinances § 38-102(c).
It is unlawful for an employer 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, establishment, office, or place of employment of any kind or description. The statute does not specify any exceptions to the rule.
Mont. Code Ann. § 39-3-104.
Employers of 2 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to an employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort and responsibility under similar working conditions.
The prohibition does not apply to wage differentials made pursuant to:
An employer paying a wage differential in violation of the statute may not reduce the wages of any employee in order to comply with the statute.
Neb. Rev. Stat. §§ 48-1220, 48-1221.
It is unlawful for an employer to discriminate on the basis of sex between employees at the same establishment 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.
A wage differential is permissible where wages are paid pursuant to:
An employer that violates the statute may not reduce the wages of any employee in order to comply with the statute.
Nev. Rev. Stat. § 608.17.
Salary History Restrictions
Effective October 1, 2021
An employer cannot, orally or in writing, personally or through an agent:
“Wage or salary history” means the wages or salary paid to an applicant for employment by the applicant's current or former employer. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.
An employer is not prohibited from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.
An employer must provide the wage or salary range or rate for a position to an applicant for employment who has completed an interview for the position. An employer must also provide the wage or salary range or rate for a promotion or transfer to a new position to an employee who has:
Nevada SB 293 (2021).
Updated 06/04/2021
An employer is prohibited from discriminating 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. The prohibition does not apply where such payment is made pursuant to:
An employer paying wages in violation of the statute may not reduce the wages of any employee in order to comply with the statute.
N.H. Rev. Stat. Ann. § 275:37.
Equal Pay Statute
New Jersey law prohibits employers from discriminating 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 does not constitute wage discrimination.
N.J. Stat. Ann. § 34:11-56.2.
New Jersey Law Against Discrimination
The Law Against Discrimination prohibits an employer from paying any employee who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority system, a merit system, or the employer demonstrates:
A factor based on business necessity does not apply if it is demonstrated that there are alternative business practices that would serve the same business purpose without producing the wage differential. Comparisons of wage rates will be based on wage rates in all of an employer’s operations or facilities.
An employer paying a rate of compensation in violation of the statute cannot reduce the rate of compensation of any employee in order to comply with the statute.
N.J. Stat. Ann. § 10:5-12(t).
Salary History Restrictions
It is an unlawful employment practice for an employer to:
N.J. Stat. Ann. §§ 10:5-12.12, 34:6B-20.
However, an employer is permitted to:
The statute does not apply in the following circumstances:
An employer is not prohibited from acquiring salary history information that is publicly available, but the employer cannot retain or consider that information when determining the applicant's salary, benefits, or other compensation unless the applicant voluntarily, without employer prompting or coercion, provides the employer with salary history. An applicant’s refusal to volunteer compensation information cannot be considered in any employment decisions.
An applicant may provide salary history information, including information regarding the applicant’s experience with incentive or commission plans, to an employment agency contacted by the applicant for assistance in searching for and identifying employment opportunities, but the employment agency cannot share the information with potential employers without the applicant's express written consent.
An employer is not prohibited from offering an applicant information regarding wage or salary rates set for the job position by collective bargaining agreements or by civil service or other laws, or from paying those rates if the applicant is hired.
An employer that does business, employs employees, or takes applications for employment in at least one state other than New Jersey is not prohibited from including an inquiry regarding salary history on an employment application, so long as immediately preceding the salary history inquiry on the employment application, there is a statement that an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer the salary history inquiry.
N.J. Stat. Ann. § 34:6B-20.
Updated 07/26/2019
The New Mexico Fair Pay for Women Act prohibits employers with 4 or more employees from discriminating within any establishment 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 for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions.
A wage differential is permitted where the payment is made pursuant to:
An employer cannot reduce the wage of an employee to comply with the statute.
N.M. Stat. §§ 28-23-2, 28-23-3.
New York State
An employer is prohibited from paying wages to an employee 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.
Employees are considered 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.
The prohibition does not apply where payment is made pursuant to a differential based on:
The bona fide factor cannot be based upon or derived from a sex-based differential in compensation and must be job-related with respect to the position in question and consistent with business necessity. The bona fide factor exception does not apply if the employee demonstrates that:
N.Y. Lab. Law §§ 190, 194.
Salary History Inquiry Bans
New York State (effective January 6, 2020)
Employers of 1 or more employees are prohibited from:
An employer may confirm wage or salary history only if at the time an offer of employment with compensation is made, the applicant or current employee responds to the offer by providing prior wage or salary information to support a wage or salary higher than offered by the employer.
The statute does not prevent an applicant or current employee from voluntarily, and without prompting, disclosing or verifying wage or salary history, including but not limited to for the purposes of negotiating wages or salary.
The statute does not diminish an applicant's or current or former employee's rights under any other law or regulation or under any collective bargaining agreement or employment contract. The statute also does not supersede any federal, state or local law enacted prior to January 6, 2020 that requires the disclosure or verification of salary history information to determine an employee's compensation.
N.Y. Lab. Law § 194-a; New York SB 6549 (2019).
New York City
It is an unlawful discriminatory practice under the New York City Human Rights Law for an employer, employment agency, or employee or agent thereof to:
Per the New York City Commission on Human Rights, an employer cannot:
New York City Commission on Human Rights Employer Fact Sheet: Protections Against Inquiries Into Job Applicants' Salary History.
An employer may, without inquiring about salary history, engage in discussion with the applicant about their expectations with respect to salary, benefits and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant’s resignation from their current employer.
If an applicant voluntarily and without prompting discloses salary history to an employer, the employer may consider salary history in determining the applicant’s salary, benefits and other compensation, and may verify the applicant’s salary history.
The ordinance does not apply to:
N.Y.C. Admin. Code § 8-107(25).
Albany County
The Albany County Human Rights Law prohibits employers of 4 or more employees from:
After the employer extends an offer of employment with compensationto the job applicant, the applicant may provide written authorization to the employer or employment agency to confirm prior wages, including benefits or other compensation or salary history.
Albany County, NY Local Law No. 1 for 2000 (Omnibus Human Rights Law for Albany County) as amended by Local Law No. P for 2016 § 7(1)(i). See also Albany County, NY Local Law No. 1 for 2000 (Omnibus Human Rights Law for Albany County) as amended by Local Law No. A for 2013 § 7(2); N.Y. Exec. Law § 292 (employer coverage).
Suffolk County
It is an unlawful discriminatory practice for an employer of 4 or more employees to:
"Inquire” means to ask an applicant or former employer orally, in writing, or otherwise, or to conduct a search of publicly available records or reports.
The above prohibitions do not apply to:
Suffolk Cty., N.Y. Code of Ordinances § 528-7(13).
Westchester County (sunsets January 6, 2020)
It is an unlawful discriminatory practice for an employer with 4 or more employees to:
An employer may rely on wage or salary history if the prospective employee voluntarily provides it in order to support a higher wage than that offered by the employer.
An employer may seek to confirm a prospective employee's prior wage information only after extending an offer of employment with compensation to the prospective employee, and the prospective employee responds to the offer by providing wage information to support a higher wage than that offered by the employer. The employer must obtain the prospective employee's written authorization to seek his or her prior wage information.
Westchester Cty., N.Y. Code of Ordinances §§ 700.02, 700.03(9).
Note: In the event the state of New York enacts statewide legislation prohibiting employers from seeking a prospective employee's wage or salary history, or a state or federal agency promulgates regulations preempting this action by Westchester County, this ordinance will become null and void upon enactment of the statewide law. Thus, the Westchester County salary history ordinance will sunset on January 6, 2020, when the New York State law takes effect.
Westchester Cty., N.Y. Code of Ordinances § 700.03(9); New York SB 6549 (2019).
Updated 7/10/2018
It is an unlawful employment practice for an employer of 15 or more employees to discriminate against a qualified person with a disability on the basis of a disabling condition with respect to compensation or the terms, conditions, or privileges of employment.
N.C. Gen. Stat. § 168A-5.
A wage differential is permitted where made pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of work or production, or differences in location of employment.
N.C. Gen. Stat. § 168A-9.
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 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.
The prohibition does not apply to wage differentials 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.
An employer that is paying a wage differential in violation of the statute may not, in order to comply with this chapter, reduce the wage rates of any employee.
N.D. Cent. Code § 34-06.1-03.
An employer of 2 or more employees is prohibited from discriminating 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.
The statute does not prohibit wage differentials when the payment is made pursuant to any of the following:
An employer cannot reduce the wage rate of any employee in order to comply with the statute.
Ohio Rev. Code §§ 4111.14, 4111.17.
Salary History Inquiry Bans
Cincinnati (effective March 12, 2020)
Employers of 15 or more employees are prohibited from:
Cincinnati Muni. Code §§ 804-01, 804-03.
"Applicant" means any person applying for employment to be performed within the geographic boundaries of the City of Cincinnati, and whose application, in whole or in part, will be solicited, received, processed, or considered in the City of Cincinnati, regardless of whether the applicant is interviewed.
Cincinnati Muni. Code § 804-01.
"Employment" means any occupation, vocation, job, or work, including but not limited to temporary and seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency for which the applicant is to receive wages or a salary, but does not include work as an independent contractor.
Cincinnati Muni. Code § 804-01.
"Inquire" means to communicate any question or statement to an applicant, an applicant's current or prior employers, or a current or former employee or agent of the applicant's current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant's salary history, or to conduct a search of publicly available records or reports for the purpose of obtaining an applicant's salary history, but does not include informing the applicant in writing or otherwise about the position's proposed or anticipated salary or salary range.
Cincinnati Muni. Code § 804-01.
"Salary history" includes the applicant's current or prior wage, benefits, or other compensation, and does not include any objective measure of the applicant's productivity such as revenue, sales, or other production reports.
Cincinnati Muni. Code § 804-01.
Exceptions to the prohibition against salary history inquiries and consideration:
Cincinnati Muni. Code § 804-03.
An employer, upon reasonable request, must provide the pay scale for a position to an applicant who has received a conditional offer of employment for the position by the employer.
Cincinnati Muni. Code § 804-03.
Updated 03/14/2019
An employer is prohibited from willfully paying wages to women employees at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility.
Wage differentials are not unlawful where made pursuant to:
Okla. Stat. tit. 40, § 198.1.
It is an unlawful employment practice for an employer to:
“Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation. “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title. The administrative rules provide definitions for "knowledge considerations," "skill considerations," "effort considerations," "responsibility considerations," and "working conditions."
See Or. Admin. R. 839-008-0010.
The prohibition against pay discrimination does not apply where payment is made pursuant to a seniority or merit system that does not discriminate on the basis of sex, or a wage differential between employees is based in good faith on factors other than sex.
Evaluations of work of comparable character need only consider comparisons of Oregon employees. 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:
An employer may provide different benefits as part of compensation to employees performing work of comparable character if the same benefit options are offered to all employees performing work of comparable character. The cost of a bona fide benefit offered by an employer, but declined by an employee, may be considered as part of the total amount of compensation paid to the employee.
An employer may not reduce the compensation level of an employee to comply with the provisions of the statute. Red circling, freezing, or otherwise holding an employee’s compensation constant as other employees come into alignment are not considered reductions in the compensation level for the employee whose compensation is being held constant.
Amounts owed to an employee because of an employer’s failure to comply with the requirements of the equal pay statute are considered unpaid wages.
Or. Rev. Stat. § 652.220; Or. Admin. R. 839-008-0010 (work of comparable character); Or. Admin. R. 839-008-0015 (bona fide factors); Or. Admin. R. 839-008-0020 (benefits); Or. Admin. R. 839-008-0025 (reductions in compensation).
An employer may elect to conduct an equal pay analysis as a safe harbor against liability for damages. In an action for violation of the equal pay statute, such an employer may file a motion to disallow an award of compensatory and punitive damages in which the employer must demostrate, by a preponderance of the evidence, that the employer:
If the court grants the motion, the court may award back pay only for the two-year period immediately preceding the filing of the action and may allow the prevailing plaintiff costs and reasonable attorney fees, but may not award compensatory or punitive damages. Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of section 652.220.
Or. Rev. Stat. § 652.235.
Updated 11/26/2018
Salary History Inquiry Bans
It is an unlawful employment practice for an employer to:
Or. Rev. Stat. §§ 652.220, 659A.357; Or. Admin. R. 839-008-0005; Oregon Bureau of Labor & Industries, Technical Assistance for Employers: Oregon Equal Pay Law (September 2017).
“Screen job applicants based on current or past compensation” includes using information, however obtained, about a job applicant’s current or past compensation to determine a job applicant’s suitability or eligibility for employment.
Or. Admin. R. 839-008-0005(2).
An employer may request from a prospective employee written authorization to confirm prior compensation after making an offer of employment to the prospective employee that includes an amount of compensation. Further, the statute does not prevent an employer from considering a current employee’s compensation during a transfer, move or hire of the employee to a new position with the same employer.
Or. Rev. Stat. §§ 652.220, 659A.357; Or. Admin. R. 839-008-0005(5).
The unsolicited disclosure of a job applicant’s current or past compensation by a job applicant, employee or a current or former employer of the applicant or employee that is not considered by an employer does not constitute a violation of the statute.
Or. Admin. R. 839-008-0005(3).
Updated 11/26/2018
The Pennsylvania Equal Pay Law prohibits employers from discriminating within any establishment between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate at which the employer 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.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute.
43 Pa. Cons. Stat. § 336.3.
Salary History Restrictions
Pennsylvania
No provision.
Philadelphia
The Philadelphia Fair Practices Ordinance makes it an unlawful employment practice for an employer, employment agency, or employer’s agent to:
"Employer" means an employer doing business in the city of Philadelphia with 1 or more employees and that engages in the process of interviewing a prospective employee with the intention of considering the prospective employee for a position located within the city. “Inquire” means to ask a job applicant in writing or otherwise. "Knowingly and willingly" means the prospective employee has disclosed his or her wage history voluntarily, not in response to a question from an interviewer, and knows or has been informed that the employer may use the disclosure to determine the compensation to offer.
The salary history restrictions also apply in the context of an individual seeking a new position with his or her current employer. The current employer, in considering the individual for a new position, cannot inquire into the individual's wage history from any previous employer.
An employer may ask a prospective employee questions relevant to setting future compensation, such as the prospective employee's salary expectations, skill level, and experience relative to the position for which he or she is being considered. In addition, the prohibition does not apply to actions taken by an employer pursuant to any federal, state or local law that specifically authorizes the disclosure or verification of wage history for employment purposes.
Philadelphia, Pa. Code § 9-1131; Philadelphia Commission on Human Relations Regulation No. 7.
Updated 08/07/2020
No employer shall discriminate in the payment of wages on grounds of sex against employees who work in Puerto Rico and perform comparable work that has equal functions which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
The statute does not prohibit wage differentials when the payment is made pursuant to any of the following:
An employer paying a wage differential in violation of the statute cannot reduce the wage of any employee in order to comply with the statute.
Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§251 et seq.
Salary History Inquiry Ban
It is an unlawful employment practice for an employer to:
Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§251 et seq.
An employer is prohibited from discriminating in the payment of wages as between the sexes or from paying a female employee a salary or wage rate less than the rate paid to male employees for equal work or work on the same operations. The statute does not prohibit a variation in rates of pay based upon either difference in:
R.I. Gen. Laws § 28-6-18.
The South Carolina Human Affairs Law makes it an unlawful employment practice for employers of 15 or more employees to discriminate against an individual with respect to the individual's compensation on the basis of a protected classification.
It is not an unlawful employment 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 that measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate on the basis of a protected classification.
S.C. Code Ann. § 1-13-80.
The city of Columbia, South Carolina prohibits employers of five or more employees from asking about an applicant’s wage history. Specifically, the law states that job applications cannot inquire into an applicant’s wage history.
Columbia, S.C. Code of Ordinances §§ 2-352, 2-354(c).
Salary History Restrictions
No statewide provision. In August 2019, the city of Columbia enacted an ordinance that purported to prohibit private employers from inquiring about an applicant's wage history on a job application. However, in December 2019, the city amended the ordinance to clarify that the restrictions apply only to the city as an employer and to city contractors.
Updated 02/14/2020
Employers are prohibited from discriminating between employees 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 which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.
S.D. Codified Laws § 60-12-15.
The prohibition does not apply to differentials paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs that do not discriminate on the basis of sex.
S.D. Codified Laws § 60-12-16.
Employers are prohibited from discriminating 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.
The statute does not 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.
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee in order to comply.
Tenn. Code Ann. § 50-2-202.
The state anti-discrimination statute prohibits employers of 15 or more employees from discriminating against an individual in connection with compensation on the basis of a protected classification.
Tex. Lab. Code Ann. §§ 21.002, 21.051.
An employer does not commit an unlawful employment practice by applying different standards of compensation under:
Tex. Lab. Code Ann. § 21.102.
An employer does not commit an unlawful employment practice by applying different standards of compensation to employees who work in different locations so long as the standards are not discriminatory on the basis of a protected classification.
Tex. Lab. Code Ann. § 21.112.
The Utah Anti-Discrimination Act prohibits employers with 15 or more employees from discriminating in matters of compensation on the basis of a protected classification.
Utah Code Ann. §§ 34A-5-102, 34A-5-106.
“Discriminating in matters of compensation” means paying differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job.
Utah Code Ann. § 34A-5-106.
The Act does not prohibit:
Utah Code Ann. § 34A-5-106.
The Vermont Fair Employment Practices Act makes it an unlawful employment practice for an employer 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 may pay different wage rates under this subsection when the differential wages are made pursuant to:
An employer asserting that differential wages are paid pursuant to a bona fide factor other than sex must 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.
Vt. Stat. Ann. tit. 21, § 495.
Salary History Inquiry Ban
The Vermont Fair Employment Practices Act prohibits an employer from:
Vt. Stat. Ann. tit. 21, § 495m(a).
“Compensation” includes wages, salary, bonuses, benefits, fringe benefits, and equity-based compensation.
Vt. Stat. Ann. tit. 21, § 495m(d).
If a prospective employee voluntarily discloses information about his or her current or past compensation, an employer may, after making an offer of employment with compensation to the prospective employee, seek to confirm or request that the prospective employee confirm that information.
Vt. Stat. Ann. tit. 21, § 495m(b).
The statute does not prevent an employer from:
Vt. Stat. Ann. tit. 21, § 495m(c).
Updated 05/14/2018
Non-FLSA-covered employers are prohibited from discriminating between employees on the basis of sex by paying wages to employees in the same establishment at a rate less than the rate at which the employer 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.
The prohibition does not apply where payment is made pursuant to:
Va. Code Ann. § 40.1-28.6.
An employer of 1 or more employees is prohibited from discriminating in any way in providing compensation based on gender between similarly employed employees. 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.
Wash. Rev. Code § 49.58.020.
"Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.
Wash. Rev. Code § 49.58.010.
A pay differential is permissible if based in good faith on a bona fide job-related factor or factors that are consistent with business necessity, are not derived from a gender-based differential, and that account for the entire differential. More than one factor may account for the differential. Bona fide factors include, but are not limited to:
Wash. Rev. Code § 49.58.020.
An individual's previous wage or salary history is not a defense under the statute.
Wash. Rev. Code § 49.58.020.
An employer is further prohibited from, on the basis of gender, limiting or depriving an employee of career advancement opportunities that would otherwise be available. A differential in career advancement based on a bona fide job-related factor or factors that meet the criteria specified above does not constitute discrimination.
Wash. Rev. Code § 49.58.030.
Updated 03/23/2018
Salary History Inquiry Bans
An employer may not seek an applicant's wage or salary history from the applicant or a current or former employer or require that an applicant's prior wage or salary history meet certain criteria, except as provided under the statute.
An employer may confirm an applicant's wage or salary history:
Upon an applicant's request and after the employer has initially offered the applicant the position, an employer of 15 or more employees must provide the minimum wage or salary for the position for which the applicant is applying. Likewise, upon request of an employee who has been offered a promotion or an internal transfer to a new position, such employers must provide the wage scale or salary range for the employee's new position. If no wage scale or salary range exists, the employer must provide the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or making the promotion.
Washington HB 1696 (2019).
Updated 05/13/2019
Employers are prohibited from:
The prohibition does not apply where:
An employer cannot reduce an employee’s wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization.
Note: The statute does not apply to employers whose operations are subject to any federal law relating to equal wages for equal work, regardless of sex.
W. Va. Code §§ 21-5B-1, 21-5B-3.
The Wisconsin Fair Employment Act makes it an unlawful employment practice to discriminate against any individual in compensation paid for equal or substantially similar work on the basis of sex where sex is not a bona fide occupational qualification.
Sex is a bona fide occupational qualification if all of the members of one sex are physically incapable of performing the essential duties required by a job, or if the essence of the employer's business operation would be undermined if employees were not hired exclusively from one sex.
Wis. Stat. § 111.36.
Employers are prohibited from discriminating between employees in the same establishment 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.
The prohibition does not apply where payment is made pursuant to:
Wyo. Stat. § 27-4-302.
Compliance with intersecting equal pay laws can be daunting, placing a huge burden on corporate counsel and HR departments. In a privileged context, Littler can assist employers with the steps crucial to defensible audit and proactively tackle this issue by combining our deep experience in employment law, compensation, and the application of data science, econometrics and statistics to the law, with proprietary technology.
The materials available on this page are for general informational purposes only and should not be relied upon as legal advice. Use of and access to this page does not create an attorney-client relationship between Littler Mendelson and you. The materials available on this page are not a substitute for experienced legal counsel and you should consult your Littler attorney if you have questions about a particular fact pattern or situation. This area of the law is rapidly developing, and while we make efforts to update this page as the law changes, we cannot guarantee that the content is current for all jurisdictions.