Employers' Guide to Navigating
Pay Equity Around the World

Employers' Guide to Navigating
Pay Equity Across the U.S.A

Below is a map of the world, color-coded to emphasize evolving pay equity laws of varying levels of significance. Localities identified as "high" have more stringent pay equity requirements than those that are medium and low. In addition, the map highlights where future laws will be coming into effect.

Updated May, 2022

International

United States

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Pay equity statutes

Who is Covered?

Who is Protected?


All employers.

Sex.

Law citation:
Federal Equal Pay Act (EPA) of 1963/ Title VII of the Civil Rights Act of 1964/ Proposed legislation Paycheck Fairness Act in January 2021: amends federal law prohibiting wage discrimination on the basis of sex making it more difficult for employers to justify pay differentials for men and women.

Provisions:
The EPA prohibits an employer from paying different compensation to employees of opposite sexes who work within the same establishment and perform substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. / Title VII prohibits discrimination in compensation based on certain protected characteristics, which include race, color, national origin, gender (including pregnancy), and religion. Under Title VII, an employee claiming discrimination must prove the employer's intent to discriminate, either through direct or circumstantial evidence.

What type of work must be compared?
Equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statue of limitations?
N/A

May employers ask about salary history (state v. local)?
No federal law. There is a circuit split as to whether prior salary, alone or in combination with other factors, can be used to explain differences in pay.

Other pay equity related obligations:
N/A

Alaska






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Employment Discrimination Act, Alaska Stat. Ann. § 18.80.220(a)(5).

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for work of comparable character or work of the same type in the same locality.

What type of work must be compared?
Work of comparable character or work in the same operation, business, or type of work in the same locality.

What is the statute of limitations?
Not addressed.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Alabama

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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers

 

Gender, race

 

 

Law citation:
Clarke-Figures Equal Pay Act (CFEPA) effective September 1, 2019.

Provisions:
Prohibits an employer from paying an employee less than another employee of a different race or sex for equal work.

The CFEPA provides that there is no violation where an employer bases a wage differential on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or any factor other than sex or race.

What type of work must be compared?
Equal work on jobs their performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Two years.

May employers ask about salary history (state v. local)?
While there is no outright ban, employers may not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant 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.

Other pay equity related obligations:
N/A

Arkansas






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Wage Discrimination, Ark. Code Ann. § 11-4-601, et. seq.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for work of comparable character or work of the same type in the same location. Provides employer liability for damages.

What type of work must be compared?
Comparable work.

What is the statute of limitations?
Within two years of the accrual of the wages.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Arizona






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Equal Wages, Ariz. Rev. Stat. Ann. § 23-340, 341.

Provisions:
Requires employers to pay wage rates equal to the rates paid to the opposite sex. Employees must work in the same establishment and have the same work classification. They must also have the same skill, effort, responsibility and working conditions. Provides employer liability for damages.

What type of work must be compared?
Same quantity and quality of the same classification of work.

What is the statute of limitations?
Six months.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

California






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employees.

 

Gender, race, and ethnicity.

 

 

Law citation:
Equal Pay Act, Cal. Labor Code § 1197.5.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions.) Retaliation against an employee who files a complaint is illegal. It's also illegal for an employer to prohibit employees from talking about their or their co-workers' wages. Provides a cause of action to sue for damages./Employers are prohibited from asking for an applicants' salary history and are required to supply pay scales upon an applicant's request./San Francisco has a city ordinance that further prohibits employers from disclosing a current or former employee's salary information without their consent.

What type of work must be compared?
Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.

What is the statute of limitations?
Two years from the date of the violation (each paycheck counts as a violation); three years if willful.

May employers ask about salary history (state v. local)?
No, unless offered voluntarily and without prompting, employers may not seek an applicant's salary history or rely on it to determine whether to offer employment or what salary to offer. Prior salary will not justify disparities in compensation.

Other pay equity related obligations:
CA SB 973, eff. 1/1/21 (Pay Data Reporting): Pay data reporting to the Department of Fair Employment and Housing (DFEH) required by all private employers with 100+ employees and required to file EEO1 reporting.

Colorado






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender and in combination with protected class.

 

 

Law citation:
Equal Pay for Equal Work Act - Wage Equality Regardless of Sex, Colo. Rev. Stat. § 8-5-102, et. seq.

Provisions:
Employers are prohibited from paying an employee of a different sex less for "substantially similar" work (prohibits discrimination on the basis of sex, or on the basis of sex combined with any other protected status, 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 skill, effort, and responsibility). It is forbidden to ask about or rely on an applicant's salary history, to restrict employees from discussing their salary, or to retaliate against an employee for failing to disclose their salary history. Provides employer liability for damages.

What type of work must be compared?
Substantially similar work.

What is the statute of limitations?
One year to file a complaint with the state DOL; two years from the date they learned of the violation.

May employers ask about salary history (state vs. local)?
No. Employers may not discriminate in employment based on salary history. The Act further prohibits employers from inquiring about a prospective employee's wage history or from relying on the wage history to determine a wage rate. Employers are prohibited from discriminating or retaliating against a prospective employee for failing to disclose such wage history. Employers also may not rely on prior wage history to justify a disparity in wages. The law also has unique requirements to post compensation on job postings and provide notice of promotional opportunities.

Other pay equity related obligations:
CO SB 19-805 eff. 1/1/21 (Safe Harbor Protections for employers): Safe Harbor protections from liquidated damages for employers that can show good faith effort to complete a thorough and comprehensive pay audit of its workforce with the goal of remediating unlawful disparities within two years before suit is filed.

Connecticut






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Discrimination in Compensation on the Basis of Sex, Conn. Gen. Stat. Ann. §31-75, et. seq., Connecticut's Amended Pay Equity Law - An Act Concerning the Disclosure of Salary Range for a Vacant Position - ("the Act").

Provisions:
Employers may not discriminate in the payment of wages based solely on the sex of the employee. Employers can't ask about an applicant's pay history, unless it was voluntarily offered. Provides employer liability for damages.

What type of work must be compared?
Equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Two years after the act or within three if the violation is intentional or committed with reckless indifference.

May employers ask about salary history (state vs. local)?
No. Unless a prospective employee has voluntarily disclosed such information, or unless the request is pursuant to any federal or state law that specifically authorizes the disclosure or verification. The law does not prohibit an employer from inquiring about components of a prospective employee's compensation structure, so long as the employer does not inquire about the value of the elements of such compensation structure.

Other pay equity related obligations:
Under the Act, a Connecticut employer cannot:

    1. Fail or refuse to provide an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (a) the applicant's request or (b) prior to or at the time the applicant is made an offer of compensation.

 

    1. Fail or refuse to provide an employee the wage range for the employee's position upon (a) the hiring of the employee, (b) a change in the employee's position with the employer, or (c) the employee's first request for a wage range.

 

"Wage range" is defined as the "range of wages an employer anticipates relying on when setting wages for a position." This can include reference to pay scales, previously determined wages for the position, actual ranges for the employees who currently hold a comparable position, or the employer's budgeted amount for the position.

District of Columbia






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

There is no equal pay law.

 

 

Law citation:
No Equal Pay Law. District of Columbia Human Rights Act, D.C. Code Ann. § 2-1402, et. seq.

Provisions:
Washington D.C. doesn't have a specific equal pay law. They have a blanket employment discrimination law that prohibits wage discrimination based on protected class status.

What type of work must be compared?
No law is currently in place at this time.

What is the statute of limitations?
No law is currently in place at this time.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
District of Columbia's Wage Transparency Act of 2014 (the "Act"): the Act makes it unlawful for employers to prohibit employees from discussing their wages, and also prohibits employer retaliation against those who do. Significantly, the Act requires the Mayor to assess civil fines against offending employers in progressively higher amounts for repeated violations.

Delaware






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Wage Payment and Collection Act, 19 Del. Code Ann. § 1107(a).

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Employers are prohibited from screening an applicant based on past compensation and can't ask about salary history. They can confirm salary after an offer has been extended. Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work that requires equal skill, effort, and responsibility under similar working conditions in the same workplace.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
No. Employers cannot seek the compensation history of an applicant or seek the same from the applicant's current or prior employer prior to offer acceptance (after offer acceptance, may request only for purposes of confirming compensation history). Employers cannot screen an applicant based on their compensation history, including requiring that compensation history meets minimum or maximum criteria.

Other pay equity related obligations:
N/A

Florida






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers with two or more employees.

 

Sex.

 

 

Law citation:
Equal Pay, Fla. Stat. Ann. § 448.07.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work requiring equal skill, effort, and responsibility, performed under similar working conditions.

What is the statute of limitations?
Within six months after termination of employment.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Georgia






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers with 10 or more employees/Public employers.

 

Sex.

 

 

Law citation:
Sex Discrimination in Employment, Ga. Code Ann. § 34-5-3, et. seq.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work requiring equal skill, effort, and responsibility, performed under similar working conditions.

What is the statute of limitations?
One year after the cause of action accrues.

May employers ask about salary history (state v. local)?
Not addressed, but city agencies in Atlanta can't ask for salary history on employment applications, in interviews or in employment screenings.

Other pay equity related obligations:
N/A

Hawaii






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal pay; sex discrimination, Haw. Rev. Stat. § 378-2.3, -5. Wage Discrimination prohibited, Haw. Rev. Stat. § 387-4.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages. Employers can't ask about an applicant's pay history, unless it was voluntarily offered. Employers can't discriminate in the payment of wages between people of different race, religion or sex.

What type of work must be compared?
Equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions.

What is the statute of limitations?
Employee must file a complaint with the Human Rights Commission within 180 days.

May employers ask about salary history (state v. local)?
No. Unless offered voluntarily and without prompting, employers may not inquire about, search public records for, or rely on the salary history of applicants in the hiring process. Employers may engage in discussions (without inquiry about salary history) about salary or benefit expectations. If the applicant voluntarily and without prompting discloses salary history, the employer may consider the salary history and may verify such history.

Other pay equity related obligations:
N/A

Iowa






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All Employees.

 

For state employers: Sex. For all employers: Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability.

 

 

Law citation:
Compensation based on comparable worth, Iowa Code Ann. § 70A.18. Wage discrimination in employment, Iowa Code Ann § 216.6A.

Provisions:
Policy of wage non-discrimination between the sexes. Employers or agent of any employer can't pay lower wages to any employee who is employed within the same establishment for equal work because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. Provides cause of action to sue for damages.

What type of work must be compared?
For state employers: Comparable as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work/ For all employers: Equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Not addressed.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Idaho






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Discriminatory Wage Rates Based on Sex, Idaho Code § 44-1701, et. seq.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue.

What type of work must be compared?
Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Illinois






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Equal Wage and Equal Pay Acts: Private employers with six+ employees and Public employers/ Wages of Women and Minors: Private employers with four+ employees and Public employers/ Executive Orders: Public employers only.

 

Sex, African American.

 

 

Law citation:
Equal Wage Act, 820 Ill. Comp. Stat. 110, 1, et. seq. Equal Pay Act of 2003, 820 Ill. Comp. Stat. 112/1, et. seq. Wages of Women and Minors Act, 820 Ill. Comp. Stat. 125/0.01, et. seq. Ill. Executive Order 2019-02. Executive Order No. 2018-1 Reaffirmation of commitment to gender pay equality.

Provisions:
Creates a penalty for wage discrimination. Employers can't discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Prohibits employing women and minors at an oppressive or unreasonable wage rate. Provides a cause of action to sue for damages. State offices can't ask for salary history on employment applications, in interviews or in employment screenings. City of Chicago departments may not ask for applicants' salary histories.

What type of work must be compared?
Same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
All complaints shall be filed with the state Department of Labor within one year from the date of the underpayment. Civil actions shall be brought within five years from the date of underpayment.

May employers ask about salary history (state vs. local)?
No. Employers are prohibited from (1) screening job applicants based on their wage or salary history, (2) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (3) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Unless a matter of public record or if the job applicant is a current employee, employers are also prohibited from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer. However, an employer will not violate the statute when a job applicant voluntarily and without prompting discloses such information, provided the employer does not consider or rely on the voluntary disclosures as a factor in potential employment, compensation, or other benefits. Employers are not barred from engaging in discussions with an applicant about his/her expectations with respect to wage or salary, benefits, and other compensation.

Other pay equity related obligations:
SB 1480, enacted on March 23, 2021 and amended SB 1847 on June 25, 2021, amends the Illinois Equal Pay Act to require private employers with more than 100 employees to obtain an "Equal Pay Registration Certificate" from the Illinois Department of Labor (IDOL) by filing an application with various extensive disclosures and certifications, and recertify every two years thereafter. SB 1480 also amends the Illinois Business Corporation Act to require corporations to submit workforce gender and racial demographics data, which will then be published by the Illinois Secretary of State within 90 days.

Indiana






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers with two or more+ employees.

 

Sex.

 

 

Law citation:
Minimum Wages: Rates; Discrimination, Ind. Code Ann. §22-2-2-4(d), et. seq.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue. Adopts a state policy of wage non-discrimination between the sexes.

What type of work must be compared?
Equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Three years after the cause of action arises.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Kansas






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All Employees.

 

Sex.

 

 

Law citation:
Discrimination in payment of wages, Kan. Stat. Ann. 44-1205, et. seq.

Provisions:
Employers can't discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue.

What type of work must be compared?
Work on jobs requiring equal skill, effort, and responsibility performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state vs. local)?
Not addressed.

Other pay equity related obligations:
N/A

Kentucky






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers with two or more employees. Public employers.

 

Sex.

 

 

Law citation:
Wage Discrimination Because of Sex, Ky. Rev. Stat. § 337.420, et. seq.

Provisions:
Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.

What type of work must be compared?
Work on jobs requiring equal skill, effort, and responsibility performed under similar working conditions.

What is the statute of limitations?
Six months.

May employers ask about salary history (state v. local)?
Louisville/Jefferson County Metro agencies are prohibited from asking about an applicant's salary history. Ordinance No. 066, Series 2018.

Other pay equity related obligations:
N/A

Louisiana






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Public employers.

 

The state equal pay act only applies to public employers. There is a general wage discrimination law that applies to all employers and prohibits sex discrimination.

 

 

Law citation:
Louisiana Equal Pay for Women Act, La. Rev. Stat. Ann. § 23:661, et. seq. Employment discrimination law, La. Rev. Stat. Ann. § 23:301, et. seq.

Provisions:
Prohibits wage discrimination based on sex in state employment. Provides for employer liability for damages. Louisiana has an anti-discrimination law that includes prohibition of wage discrimination based on sex. New Orleans city agencies are prohibited from asking about an applicant's salary history.

What type of work must be compared?
Public employers: Same or substantially similar work on jobs that require equal skill, education, and responsibility that are performed under similar working conditions including the time worked in that position/ All employers: Jobs that require equal skill, effort, and responsibility and are performed under similar working conditions.

What is the statute of limitations?
Public employers: one year, with tolling provisions.

May employers ask about salary history (state v. local)?
New Orleans city agencies are prohibited from asking about an applicant's salary history.

Other pay equity related obligations:
N/A

Massachusetts






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Equal Pay Act, Ann. Laws of Mass. Gen. Laws Ch. 149, § 105A.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Employers can't ask about a prospective employee's pay history until after a job offer has been negotiated.

What type of work must be compared?
Comparable work, defined as work that is substantially similar in that it requires substantially similar skill, effort, and responsibility and is performed under similar working conditions; provided however, that a job title or job description alone shall not determine comparability.

What is the statute of limitations?
Three years and each paycheck is a violation.

May employers ask about salary history (state v. local)?
No. Employers may not seek salary history from a prospective employee or current or former employer before an offer. If a prospective employee has voluntarily disclosed salary history information, the employer can confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary. Cannot require that prior wage or salary history meet certain criteria. Prior wages are not a defense to equal pay complaint.

Other pay equity related obligations:
MEPA amended 7/1/18 affords protections for employers within the previous three years and before the lawsuit filed if voluntarily conducted a good faith, reasonable self-evaluation (reasonable in detail and scope) of their pay practices and made reasonable progress towards eliminating any unlawful gender-based pay gaps the self-evaluation revealed can bypass damages and liquid damages (double damages) within a reasonable amount of time.

Maryland






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex, gender identity.

 

 

Law citation:
Equal Pay for Equal Work, Md. Labor and Employment Code Ann. § 3-301, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). They're also prohibited from providing less favorable employment opportunities based on sex or gender identity. Employers are prohibited from requesting or making a decision based on an applicant's salary history. Employers are required-upon request- to provide employees with the wage range for the job applied for. Provides cause of action to sue for damages.

What type of work must be compared?
Work of comparable character or work in the same operation, in the same business, or of the same type.

What is the statute of limitations?
Three years after the employee receives wages paid on the termination of employment.

May employers ask about salary history (state v. local)?
No. Employers are prohibited from requesting or making a decision based on an applicant's salary history. Employers are required-upon request- to provide employees with the wage range for the job applied for. Employers are prohibited from retaliating against or refusing to interview, hire, or employ any job applicant who either (a) did not provide wage history on a job application, or (b) who requested information about the wage range for the job to which the applicant applied. Employers also will be prohibited from relying on the applicant's wage history as a way to screen job applicants for the position, or when determining the wages for the applicant if that person is hired. Employers are further prohibited from seeking the wage history of an applicant either orally, in writing, or through another employee, an agent, or from the applicant's current or former employer. However, after an applicant has received an initial offer of employment and that offer includes a specific compensation figure, an employer may rely on any wage history voluntarily provided by the applicant to support a wage offer higher than the initial wage offer and seek to confirm the wage history voluntarily provided by the applicant to support the higher wage offer. These additional exceptions, however, are subject to the additional restriction that the higher wage may not create a pay differential based on sex and/or gender identity.

Other pay equity related obligations:
N/A

Maine






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal Pay, Me. Rev. Stat. Ann. Tit. 26 § 628, Sec. 1. 5 MRSA §4577.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Employers can't ask about a prospective employee's pay history until after a job offer has been negotiated.

What type of work must be compared?
Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
No. Employers may not ask about a prospective employee's pay history until after a job offer has been negotiated including compensation terms has been presented. In addition, employers may not directly ask a candidate's current or former employer for salary information or stop current employees from discussing their own or another employee's wages. Employers can confirm a candidate's past pay if the candidate voluntarily discloses it, and the law does not apply if an employer "inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes."

Other pay equity related obligations:
N/A

Michigan






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Unfair Discrimination Law: Private and Public employers. Workforce Opportunity Wage Act: Private companies with two or more employees.

 

Sex.

 

 

Law citation:
Unfair Discrimination, Restraint of Trade and Trusts Law, Mich. Comp. Laws Ann. § 750.556. Workforce Opportunity Wage Act, Mich. Comp. Laws Ann. § 408.423.

Provisions:
Any employer that discriminates in the payment of wages between similarly employed men and women can be found guilty of a misdemeanor. Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages.

What type of work must be compared?
Jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state vs. local)?
Yes. State law prohibits local jurisdictions from enacting salary history ban laws. Public Act 84 (2018).

Other pay equity related obligations:
N/A

Minnesota






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Pay Equity statutes

Who is Covered?

Who is Protected?


Private employers.

Sex.

Law citation:
Equal Pay for Equal Work Law, MN Stat. Sec. 181.66 et seq.

Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Exceptions to this rule are: seniority system, merit system, a system which measures earnings by qunatity or quality of production, or a differential based on any other factor other than sex.

What type of work must be compared?
Jobs that require equal skill, effort, and responsibility and are performed under similar working conditions.

What is the statute of limitations?
One year.

May employers ask about salary history (state vs. local)?
Not addressed.

Other pay equity related obligations:
N/A

Missouri






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Female.

 

 

Law citation:
Mo. Ann. Stat. § 290.410, et. seq.

Provisions:
Employers may not discriminate against the payment of wages for females.

What type of work must be compared?
Same quantity and quality of the same classification of work.

What is the statute of limitations?
Six months after the date of the alleged violation, but in no event shall any employer be liable for any pay due for more than thirty days prior to receipt by the employer of written notice of claim thereof from the female employee.

May employers ask about salary history (state vs. local)?
Not addressed but per Resolution 180519 Kansas City offices can't ask applicants for pay history until they have been hired.

Other pay equity related obligations:
N/A

Mississippi






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Pay Equity statutes

Who is Covered?

Who is Protected?


Any employer with five or more employees.

Sex.

Law citation:
H.B. 770, also known as the Mississippi Equal Pay Law. This Act goes into effect on July 1, 2022.

Provisions:
The law ensures equal pay for equal work. No employer can pay an employee a wage less than the rate of the opposite sex in the same establishment for the same work on a job.

There are certain exceptions which are seniority, merit, a system which measures earnings by quantity or quality of production; and any other factor other than sex (including, but not limited to): salary history, compeition with other employers for employees’s services, and the extent to which an employee attempted to negotiate for higher wages.

The Act may be enforced by a private action in a civil lawsuit. If an employer has been found to violate the Act, then the employee may be awarded reasonable attorney's fees, prejudgment interest, back pay, and costs of the action.

What type of work must be compared?
Jobs that require equal skill, education, effort and responsibility, and are performed under similar working conditions.

What is the statute of limitations?
Two years from the date the employee knew or should have known their employer violated the Act.

May employers ask about salary history (state v. local)?
Yes

Other pay equity related obligations:
N/A

Montana






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Women.

 

 

Law citation:
Equal pay for women for equivalent service, Mont. Code Ann. 39-3-104.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions).

What type of work must be compared?
Equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office or place of employment.

What is the statute of limitations?
Not addressed within the equal pay law.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Nebraska






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers 15 or more. Public employers.

 

Sex.

 

 

Law citation:
Sex Discrimination, Neb. Rev. Stat. Ann. § 48-1221, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work on jobs which require equal skill, effort and responsibility under similar working conditions.

What is the statute of limitations?
Four years.

May employers ask about salary history (state vs. local)?
Not addressed.

Other pay equity related obligations:
N/A

Nevada






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex and gender.

 

 

Law citation:
Discrimination on basis of sex prohibited, Nev. Rev. Stat. § 608.017; Senate Bill 293.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions).

What type of work must be compared?
Equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
Senate Bill 293: prohibits employers from inquiring about an applicant's wage or salary history, or discriminating against an applicant that refuses to provide a wage or salary history.

An employer may not:

    • Seek the wage or salary history of an applicant;
    • Rely upon the wage or salary history of an applicant to determine whether to offer employment or the rate of pay for the applicant;
    • Refuse to interview, hire, promote, or employ an applicant if the applicant does not provide a wage or salary history; and
    • Discriminate or retaliate against an applicant that does not provide a wage or salary history.

New Hampshire






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Discrimination in the Workplace: Equal Pay, N.H. Rev. Stat. Ann. § 275:37.

Provisions:
Employers or potential employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). If employers are found liable for such discrimination, employers may be subject to damages.

What type of work must be compared?
Equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.

What is the statute of limitations?
Three years of discovery of the violation.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

New Jersey






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces.

 

 

Law citation:
Equal Pay, Discrimination in Wages, N.J. Stat. Ann. § 34:11-56.1, et. seq. N.J. Stat. Ann. § 10:5-12(t). Executive Order 1, 2018.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides cause of action to sue for damages.

What type of work must be compared?
Substantially similar work, when viewed as a composite of skill, effort and responsibilities.

What is the statute of limitations?
Continuing violation doctrine applies; backpay limited to six years.

May employers ask about salary history (state v. local)?
No, employers may not ask job applicants about their salary history, including prior wages, salary, commission, benefits or any other current or previous compensation. Employers may verify and consider salary history if an applicant voluntarily, without prompting or coercion, provides the information. An employer may not use an applicant's refusal to volunteer salary history information as a consideration in hiring decisions. The law does not apply to internal transfers or promotions, when a federal law or regulation requires that salary history be disclosed, or when an employer is considering an incentive or commission component as part of the total compensation package. Salary History, N.J. Stat. Ann. §§ 10:5-12.12, 34:6B-20.

Other pay equity related obligations:
Diane B. Allen Equal Pay Act (2018) requires public contractors to submit an equal pay report.

New Mexico






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Private employers with four or more employees.

 

Sex.

 

 

Law citation:
Fair Pay for Women, N.M. Stat. Ann. § 28-23-1, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages.

What type of work must be compared?
Equal work on jobs, the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions.

What is the statute of limitations?
Two years from the last date of employment.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

New York






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic factors, familial status, marital status, and domestic violence victim status.

 

 

Law citation:
Differential in rate of pay because of sex prohibited, N.Y. Labor Law §194, 198.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages.

What type of work must be compared?
Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law

May employers ask about salary history (state v. local)?
No. Unless offered voluntarily and without prompting, employers may not seek an applicant’s salary history or rely on it to determine whether to offer employment or what salary to offer. Prior salary will not justify disparities in compensation.

Other pay equity related obligations:
Beginning April 2022, employers advertising job postings must now include the salary range in their postings. Senate Bill S5598B replaces New York City Human Rights Law that required that employers disclose minimum and maximum salaries for all advertised jobs, promotions or transfer opportunities. The new law will apply to salaried exempt positions as well as hourly non-exempt positions. Temporary staffing firms are exempt from this legislation as they already provide this information after interviews in compliance with the NY State Wage Theft Prevention Act.

North Carolina






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Pay equity statutes

 

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

No state Equal Pay law. here is a general nondiscrimination statute, but the statute does not specify prohibited practices.

 

 

Law citation:
No Equal Pay Law. Employment Discrimination Law, N.C. Gen. Stat. § 143-422.1. Executive Order No. 93.

Provisions:
No equal pay law but a general employment discrimination law. State agencies can't ask applicants for salary history. If an applicant's previous salary is already known, that information can't be used to determine the applicant's salary.

What type of work must be compared?
No law is currently in place at this time.

What is the statute of limitations?
No law is currently in place at this time.

May employers ask about salary history (state v. local)?
State agencies can't ask applicants for salary history. If an applicant's previous salary is already known, that information can't be used to determine the applicant's salary.

Other pay equity related obligations:
N/A

North Dakota






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender.

 

 

Law citation:
Equal Pay for Men and Women, N.D. Century Code, 34-06.1-01, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides for cause of action.

What type of work must be compared?
Comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility.

What is the statute of limitations?
Two years after the unlawful employment practice occurred, with tolling provisions.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Ohio






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Wage Discrimination: Private employers with two or more employees and Public employers. Salary History Ban: Private employers with 15 or more employees and Public employers.

 

Race, color, religion, sex, age, national origin, or ancestry.

 

 

Law citation:
Wage discrimination, Ohio Rev. Code § 4111.17 Ohio.

Provisions:
Employers may not discriminate in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry for substantially similar work (skills, effort, responsibility, and similar working conditions). If employers are found liable of such discrimination, they may be subject to damages. Effective March 2020 (est.), employers located within the city of Cincinnati, excluding state and local governments (with the exception of the City of Cincinnati) are prohibited from asking for an applicant's salary history and are required to supply pay scales upon an applicant's request.

What type of work must be compared?
Work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions.

What is the statute of limitations?
One year.

May employers ask about salary history (state v. local)?
Not addressed but effective March 2020 (est.), employers located within the city of Cincinnati with 15+ employees, excluding state and local governments (with the exception of the City of Cincinnati), are prohibited from asking for an applicants' salary history and are required to supply pay scales upon an applicant's request. Cincinnati Muni. Code §§ 804-01, 804-03.

Other pay equity related obligations:
N/A

Oklahoma






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Women.

 

 

Law citation:
Discriminatory Wages, 40 Okla. Stat. Ann. § 198.1, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions).

What type of work must be compared?
Comparable work on jobs which have comparable requirements relating to comparable skill, effort, and responsibility. Differential must be willful.

What is the statute of limitations?
Statute does not provide a private right of action.

May employers ask about salary history (state vs. local)?
Not addressed.

Other pay equity related obligations:
N/A

Oregon






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Gender, race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

 

 

Law citation:
Discriminatory wage rates based on sex, Or. Rev. Stat. § 652.220, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides right of action to sue for damages. Employers can't ask applicants for salary history or use the previous salary of an applicant to set pay.

What type of work must be compared?
"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.

What is the statute of limitations?
One year.

May employers ask about salary history (state v. local)?
No. Employer cannot seek salary history from applicants or prior employers before an offer of employment. Can confirm prior compensation after an offer that includes amount of compensation, with written authorization of prospective employee. Cannot screen job applicants based on current or past compensation, or determine compensation based on current or past compensation.

Other pay equity related obligations:
Oregon Equal Pay Act 2017 protections for employers (mitigation not a defense to liability but can provide shelter from some compensatory and punitive damages), who have completed an equal pay analysis (reasonable in detail and in scope in light of the size of the employer and must include a review of practices designed to eliminate unlawful wage differentials), within the previous three years, eliminated the pay differential for the protected class asserted by the plaintiff.

Pennsylvania






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal Pay Law, Pa. Stat. Ann. tit. 43 § 336.1, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides cause of action to sue for damages. State agencies can't ask applicants for salary history. All job postings must clearly disclose pay scale. Departments of the City of Pittsburgh can't ask applicants for salary history.

What type of work must be compared?
Equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Two years.

May employers ask about salary history (state v. local)?
In Philadelphia only, employers cannot rely on an applicant's wage history at any stage in the employment process, unless the applicant knowingly and willingly discloses their salary history.

Other pay equity related obligations:
N/A

Puerto Rico






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Pay Equity, Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§251 et seq. Pay History Ban, Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§251 et seq.

Provisions:
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.

What type of work must be compared?
Comparable job functions or duties that require the same skill, effort or responsibilities under similar working conditions.

What is the statute of limitations?
One year.

May employers ask about salary history (state v. local)?
Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§251 et seq.: No, cannot seek salary history from a prospective employee before an offer. If a prospective employee has voluntarily disclosed salary history information, the employer can confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary.

Other pay equity related obligations:
N/A

Rhode Island






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Pay equity statutes

Who is Covered?

Who is Protected?

 


 

All employers.

 

Sex. Starting 1/1/23: race, color, religion, sex, sexual orientation, gender identity or expression, disability, age or country of ancestral origin.

 

 

Law citation:
Wage discrimination Based on Sex, R.I. Gen Laws Ann. 1956 § 28-6-18 et seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex for equal work or work on the same operations. Provides cause of action to sue for damages.

What type of work must be compared?
Equal work or work on the same operations.

"Comparable work" means work that, "as a whole," requires "substantially similar skill, effort, and responsibility, and is performed under similar working conditions." Minor differences in skill, effort or responsibility will not prevent two jobs from being deemed comparable.

If two employees are performing comparable work as defined by the act, wage disparities are only permissible if reasonably explained by, or if the employer reasonably relied on, one or more of the following:

  • Seniority
  • A merit system
  • A system that measures earnings by quantity or quality
  • Geographic location
  • Shift differentials
  • Job-related education, training or experience
  • Work-related travel
  • Any other bona fide job-related factor other than membership in a protected class

 

What is the statute of limitations?
Starting January 1, 2023 two years.

May employers ask about salary history (state v. local)?
No. Starting January 1, 2023 per amendment to Ch. 28-6 with new 28-6-22.

Other pay equity related obligations:
Starting on 1/1/23, RI provides for affirmative defense to all liability if the employer can show good faith self-evaluation within the previous two years and prior to commencement of action and that the unlawful wage differential revealed in the self evaluation has been eliminated. Employers can design their own based on reasonably relevant factors or use a standard template.

Employers must also provide a wage range for any position, including open positions, upon request. Likewise, an employer "should provide a wage range for the position the applicant is applying for prior to discussing compensation." In addition, when a current employee transfers to a different position within the company, the employer must provide the wage range for the new position, even if the employee does not affirmatively request it.

South Carolina






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All private employers with 15 or more employees and all public employers.

 

There is no standalone equal pay law. There is a general wage discrimination law that prohibits pay discrimination on the basis of sex, race, religion, color, sex, national origin, or disability.

 

 

Law citation:
No equal pay law. Employment Discrimination Law, S.C. Code § 1-13-30. Wage History Ban for Columbia, S.C. Code of Ordinances §§ 2-352, 2-354©.

Provisions:
Employers may not discriminate in the payment of wages based on sex, race, religion, color, sex, national origin, or disability.

What type of work must be compared?
No law is currently in place at this time.

What is the statute of limitations?
No law is currently in place at this time.

May employers ask about salary history (state vs. local)?
Not addressed but in August 2019, the city of Columbia enacted an ordinance (Columbia, S.C. Code of Ordinances §§ 2-352, 2-354(c)) that purported to prohibit private employers (with 5+ employees) 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.

Other pay equity related obligations:
N/A

South Dakota






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal Pay for Equal Work, S.D. Codified Laws § 60-12-15, et seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex for comparable work on jobs which have comparable requirements rating to skill, effort, and responsibility. Provides cause of action to sue for damages.

What type of work must be compared?
Comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.

What is the statute of limitations?
Two years.

May employers ask about salary history (state v. local)?
Not currently addressed.

Other pay equity related obligations:
N/A

Tennessee






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Sex Discrimination. Tenn. Code Ann. § 50-2-201, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex for comparable work in the same establishment. Provides employer liability for damages.

What type of work must be compared?
Comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions.

What is the statute of limitations?
Two years.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Texas






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

Public employers.

 

There is no standalone equal pay law for private companies. There is a general wage discrimination law.

 

 

Law citation:
Equal Work, Equal Pay, Tex. Lab. Code § 21.001, et. seq.

Provisions:
Prohibits wage discrimination based on sex in public employment only. Has a general employment discrimination based on protected class status.

What type of work must be compared?
No law is currently in place at this time.

What is the statute of limitations?
No law is currently in place at this time.

May employers ask about salary history (state v. local)?
No law is currently in place at this time.

Other pay equity related obligations:
N/A

Utah






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

There is no standalone equal pay law. There is a general wage discrimination law.

 

 

Law citation:
No equal pay law. Employment discrimination law, Utah Code Ann. § 34a-5-101, et. seq.

Provisions
General employment discrimination law prohibiting wage discrimination based on race, color, sex, retaliation, pregnancy, age, religion, national origin, disability, sexual orientation, or gender identity.

What type of work must be compared?
No law is currently in place at this time.

What is the statute of limitations?
No law is currently in place at this time.

May employers ask about salary history (state v. local)?
No law is currently in place at this time.

Other pay equity related obligations:
N/A

Vermont






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Fair Employment Practices Act, Vt. Stat. Ann. Tit. 21 § 495(a)1(7), 495(b).

Provisions:
General employment discrimination act prohibiting wage discrimination based on sex. Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
No. Employers may not inquire about compensation history. Employers cannot screen an applicant based on their compensation history, including requiring that compensation history meets minimum or maximum criteria. If a prospective employee voluntarily discloses the information, an employer may confirm it after making an offer with compensation.

Other pay equity related obligations:
N/A

Virginia






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal pay irrespective of sex, Va. Code Ann. § 40.1-28.6.

Provisions:
Employers may not discriminate in the payment of wages within any establishment based on sex for equal work. Provides a cause of action to sue for damages.

What type of work must be compared?
Equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

What is the statute of limitations?
Two years.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Washington






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Pay Equity statutes

Who is Covered?

Who is Protected?


All employers.

Gender.

Law citation:
Wage discrimination due to sex, Wash. Rev. Code Ann. § 49.58.020.

Provisions:
Employers may not discriminate in the payment of wages based on sex and if they do they shall be guilty of a misdemeanor. Provides a cause of action to sue for damages.

What type of work must be compared?
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.

What is the statute of limitations?
Continuing violation doctrine applies; three years.

May employers ask about salary history (state v. local)?
No. Under the salary history ban, the law forbids employers from seeking the wage or salary history of an applicant for employment from the applicant or from the applicant’s current or former employer, and requires that an applicant’s prior wage or salary history meet certain criteria. Employers, however, can confirm an applicant’s wage or salary history if the applicant has voluntarily disclosed his or her wage or salary history; and may also confirm it after an offer (including compensation) has been negotiated with the applicant.

Other pay equity related obligations:
Beginning January 1, 2023, Washington employers with fifteen or more employees must include salary ranges in all job postings as well as a general description of all the benefits and compensation offered. With internal transfers or promotions, employers must provide the wage scale or salary range of the new position, upon request.

West Virginia






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal Pay for Equal Work, W. Va. Code § 21-5E-1, et. seq.

Provisions:
Prohibits wage discrimination. Provides cause of action to sue for damages for private companies and employer liability for damages for public employers.

What type of work must be compared?
Work of comparable character, the performance of which requires comparable skill.

What is the statute of limitations?
One year.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Wisconsin






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
No equal pay law. Employment discrimination law, Wis. Stat. Ann. § 111.31, et. seq.

Provisions:
General employment discrimination law that includes a prohibition of wage discrimination based on sex.

What type of work must be compared?
Equal or substantially similar work.

What is the statute of limitations?
Employee must file complaint with state department within 300 days of alleged discrimination.

May employers ask about salary history (state v. local)?
Yes. State law prohibits local jurisdictions from implementing salary history ban laws.

Other pay equity related obligations:
N/A

Wyoming






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Pay equity statutes

Who is Covered?

 

Who is Protected?

 


 

All employers.

 

Sex.

 

 

Law citation:
Equal Pay. Wyo. Stat. 1977 § , et. Seq7-4-301, et. seq.

Provisions:
Employers may not discriminate in the payment of wages based on sex for equal work within the same establishment. Provides employer liability for damages.

What type of work must be compared?
Work that requires equal skill, effort and responsibility and which is performed under similar working conditions.

What is the statute of limitations?
Not addressed within equal pay law.

May employers ask about salary history (state v. local)?
Not addressed.

Other pay equity related obligations:
N/A

Australia






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

100+ and additional requirements for 500+

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Gender Equality Action Plans, eff. 2021 (Victoria which covers Melbourne); Workplace Gender Equality Act 2021.

Nature of obligation: Pay data/gap reporting:
Yes. 100 +: Annual report to Workplace Gender Equality Agency (WGEA) that includes details of aggregated average base salary and total remuneration of male vs. female employees. 500+: Additional obligation to meet certain minimum standards for gender equality. Produce annual workplace profile and reporting questionnaire, signed by the CEO, and which may be published on WGEA website. Report to show information including:
1) aggregated average base salary and total remuneration of male vs. female employees in various occupational categories;
2) gender composition of the workforce and whether any policies are in place to support gender equality;
3) gender composition of the board of directors and whether any targets are in place for representation of women on the board;
4) details of gender pay equity objectives and policies (if any);
5) whether any gender remuneration gap analysis has been undertaken;
6) availability of flexible working arrangements;
7) consultation with employees on issues concerning gender equality in the workplace;
8) sex based harassment and discrimination policies; and
9) the number of new appointments, promotions and resignations during the reporting period by gender, employment status and manager/non-manager categories. No data on actual individual pay rates is required to be disclosed to WGEA: all amounts are aggregated and individual data de‑identified. If a pay gap is identified, there is no duty to take steps to close the gap.

Nature of obligation: Pay equity auditing:
No. In essence required to fulfill information required in pay data/gap report.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No. In essence required to fulfill information required in pay data/gap report.

Enforcement body:
Workplace Gender Equality Office (WGEA): Employers who comply are designated WGEA Employer of Choice for Gender Equality and CEO's and heads of departments/directors can become Pay Equity Ambassadors under WGEA's Pay Equity Ambassador Program (sign pledge and commit to working with WGEA to promote and improve gender equality for two years).

Timeframe for obligation:
Annual.

Penalty for non-compliance:
None. No legal sanctions/fines, but employers who do not comply could be named and shamed by WGEA in a report to the Minister or by some other means (e.g. on the WGEA's website). The employer may also be precluded from bidding for Commonwealth and some State contracts, or from receiving Commonwealth grants or other financial assistance.

Does the public get access to the reporting/certification/auditing/access?
Yes. Report may be published by WGEA on its website or in a report to the Minister for Parliament. However, remuneration and pay data provided to WGEA by employers is confidential. Employer-specific remuneration data disclosed publicly but in aggregate form on an industry‐wide basis. Internally - Employers must inform employees and shareholders that it has logged the report with WGEA and the way in which it may be accessed (whether electronic or otherwise). The employer must also take all reasonable steps to inform each employee organization (e.g. a union) that has members who are employees of the employer, that the employer has logged the report.

Austria






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

>150

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Treatment Act amended March 2011.

Nature of obligation: Pay data/gap reporting:
Yes. Reporting requirement every two years showing gender pay differences including the following information:

    1. number of male and female employees and their positions in salary schemes according to collective bargaining agreements or internal salary schemes and their seniority;

 

    1. average or median male vs. female salary; and

 

    1. total remuneration including benefits, payments in kind, special payments (Christmas and vacation pay) and other forms of payment. The remuneration of part-time employees is based on full-time employment and the remuneration of non-full-year employees (e.g. on maternity leave) is based on an annual salary. The report must be prepared in an anonymous form (i.e. without names, personal numbers, etc.). It must also not allow any conclusions to be drawn about individuals. If a pay gap is identified, there is no duty to take steps to close the gap.

 

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Labour Court.

Timeframe for obligation:
Every two years.

Penalty for non-compliance:
Yes. The works council or individual employees may bring a claim to the Labour Court within three years relating to the provision of the report. Employee representatives and individual employees are obliged to keep the report confidential. If an employee breaches the duty of confidentiality, the employee an be fined (up to EUR360).

Does the public get access to the reporting/certification/auditing/access?
No. Internally - Report has to be published to the employees' representation body or, if none, by presenting it in a room easily accessible to employees followed by a notice containing information on where to find the report.

Belgium






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

50+

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Pay Gap Law of 11 April 2022; Royal Decree of 25 April 2014.

Nature of obligation: Pay data/gap reporting:
Yes. 50+: An analysis report on the salary structures of employees every two years. This analysis report should enable an assessment to be made as to whether the company has a gender neutral remuneration policy. The analytical report should be drafted on the basis of the forms included in the Royal Decree of 25 April 2014. When employer has more than 100 employees, a comprehensive report must issue, in line with a template provided by the labor authorities. (When the employer has between 50 and 100 workers, a more concise report must be issued, in line with a template provided by the labor authorities). Once the analytical report has been drafted and communicated to the works council (or in absence thereof, with the trade union delegation), it is up to the works council to decide whether or not it is appropriate to draft an action plan for ensuring a remuneration structure independent of gender. In companies who have to draft an analytical report but do not have a works council, this decision should be taken by the union delegation in consultation with the employer. (Do not address the course of action if union delegation and the employer disagree).

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Labour Court.

Timeframe for obligation:
Every two years.

Penalty for non-compliance:
Yes. An employer who fails to draft the required analytical report, can be imposed with a sanction level 2 under the Social Criminal Code (i.e. a fine of up to EUR4.000), to be multiplied by the number of workers involved (subject to a cap of 100 workers). The same sanction can be imposed on a member of the works council or union delegation who illegally discloses the content of the analytical report outside the company.

Does the public get access to the reporting/certification/auditing/access?
No. Internally - Report has to be communicated and discussed with the works council, or if none, with the trade union delegation.

Canada






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

10+ (Public and Private Employer)

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Act (eff. August 31, 2021) and Pay Equity Regulations.

Nature of obligation: Pay data/gap reporting:
Yes. Within 60 days of August 31, 2021, employers must post a notice setting out their obligations to establish a Pay Equity Plan and to make all reasonable efforts to establish a Pay Equity Committee for that purpose. The Pay Equity Plan must be finalized by August 31, 2024 (three years from enactment of Act) and revised at least every 5 years.

An Employer must provide notice that they are developing the plan and must provide notice once the plan is developed. 

Plan Content: (1) identification of job classes; (2) Determination of predominantly (at least 60%) female and predominantly male job classes; (3) Determination of value of work; (4) Calculation of compensation ($/hr) for each class  (may exclude differences due to reasonable factor); (5) Comparison of compensation (equal average method or equal line method)

The Act requires the following employers to make reasonable efforts to establish a Pay Equity Committee:

    1. Employers with 100 or more employees; and
    2. Employers with 10 to 99 employees if some or all employees are unionized. If an employer has 10-99 employees, and employees are not unionized, there must still be a pay equity plan and pay equity committee to identify "job classes", determine gender predominance, evaluate each job class using a gender-neutral comparison system (either the "equal average method" or the "equal line method"). These employers must still post their pay equity plan, provide employees with an opportunity to comment, consider employee comments and implement the pay equity plan within three years. Employers must increase compensation for the predominantly female job classes that are comparatively underpaid, and maintain pay equity, and review the pay equity plan at least once every five years, provide certain information to their pay equity committee, and certain notices to their employees, and file information (e.g. annual statements) with the Pay Equity Commission.

     

    The Pay Equity Committee must include: 1) At least one committee member from each bargaining unit in a unionized context; 2) A committee member who is elected to represent non‐unionized employees; and 3) At least one committee member who represents the employer. Furthermore, 50% of committee members must be women, and at least 2/3 of committee members must represent affected employees. An employer's Pay Equity Committee will be responsible for developing the employer's Pay Equity Plan. Pay Equity Plan - The key feature of the Act is that it requires most federally regulated employers with 10 or more employees to develop a proactive Pay Equity Plan for its employees. The Act outlines the content that must be included in the Plan. If there is an inconsistency between a Pay Equity Plan and any collective agreement governing employees to whom the plan relates, the Pay Equity Plan will prevail to the extent of the inconsistency.

    Employers must post the pay equity plan for employees to review and comment within 60 days after the Plan has been developed. Once an employer's Pay Equity Plan is established, the employer will be required to increase the compensation of any predominantly female job classes receiving less pay than their male counterparts. Certain employers may be entitled to phase in such compensation increases over three to five years. Employers will be required to update their Pay Equity Plans every five years to ensure that they are maintaining pay equity and that any new pay gaps are closed.

    Nature of obligation: Pay equity auditing:
    No.

    Nature of obligation: Pay equity certification:
    No.

    Nature of obligation: Diversity requirement:
    No.

    Enforcement body:
    Pay Equity Commissioner; Canadian Human Rights Tribunal.

    Timeframe for obligation:
    Annual (statements regarding equity efforts and progress); Every five Years (draft and review plan but must implement within three years).

    Penalty for non-compliance:
    Yes. Administrative monetary penalties up to $50,000 may be imposed; a compliance audit can be conducted then orders requiring compliance.

    Does the public get access to the reporting/certification/auditing/access?
    Yes. Annual statements filed annually to the Pay Equity Commission.

Denmark






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

35 + and at least 10 employees of each gender with the same work function.

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Act.

Nature of obligation: Pay data/gap reporting:
Yes. Send information regarding pay to Statistics Denmark, who then provide the employer with gender segregated pay statistics once a year. The statistics show the percentage difference between the salary of men and women in each employment category with at least 10 women and 10 men. By agreement with employee representatives, employers can choose to make a statement on equal pay instead of providing the equal pay statistics. The statement must contain:

  1. a description of factors that have an influence on the remuneration of men and women at the company;
  2. a plan for how the company intends to prevent or reduce the pay gap between men and women; and
  3. a follow-up procedure. There is no mandatory obligation to close the gap; however, the statistics may give an indication that there are grounds for legal proceedings against the employer for violation of the Equal Pay Act.

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Statistics Denmark; The Danish Institute of Human Rights; Danish Board of Equal Treatment: To further the equal treatment of all people regardless of gender, race or ethnic origin, an action can be brought before the Danish Board of Equal Treatment by the Danish Institute of Human Rights.

Timeframe for obligation:
Annual.

Penalty for non-compliance:
Yes. If an employer fails to report to Statistics Denmark, they must then produce their own statistics on equal pay. If an employer fails to comply with these rules they may also be subject to a fine.

Does the public get access to the reporting/certification/auditing/access?
No: Internal - Employees entitled to receive information regarding the pay statistics and/or statement under the general rules on employee information and consultation.

Finland






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

30 or +

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Finish Equal Pay.

Nature of obligation: Pay data/gap reporting:
Yes. Produce an equality plan every second year particularly with relation to pay and other terms of employment. The equality plan must include a pay survey ensuring that there are no unjustified pay differences between women and men who are working for the same employer and engaged in either the same work or work of equal value. The pay survey must include:

  1. details of the employment of women and men in different jobs;
  2. a survey of the grade of jobs performed by women and men; and
  3. the pay for those jobs (including bonus etc.) and the differences in pay. The disclosed data cannot be linked with any individual employee. The equality plan must include:
    1) analysis of the state of equality at the workplace and in different areas of employment;
    2) necessary measures planned for introduction or implementation with the purpose of, inter alia, achieving equality in pay; and
    3) a review of the extent to which measures previously included in the gender equality plan have been implemented and of the results achieved. If a pay gap is identified, the employer must account for reasons behind any pay gap. If no acceptable reason is found for the pay gap, the employer must take appropriate corrective action.

 

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
No.

Timeframe for obligation:
Every two years.

Penalty for non-compliance:
Yes. If an employer neglects to produce the equality plan several times, the National Non-Discrimination and Equality Tribunal may impose an obligation on the employer to prepare an equality plan within a defined period, under threat of a fine if necessary.

Does the public get access to the reporting/certification/auditing/access?
No. Internal - Employer has a statutory obligation to inform the employees about the equality plan (including the pay survey), its content and any amendments to it. All employee representatives taking part in the pay survey must have access to the information for carrying out the survey (including the information in line with the classification system used on the average salaries of women and men as well as more detailed information on salaries according to salary component if required).

France






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

50+

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Index eff. 2020; 2018 Law for Freedom to Choose a Professional Future and subsequent decree of January 8, 2019.

Nature of obligation: Pay data/gap reporting:
Yes. Annually publish and report their gender equal pay index score based on a number of disparity indicators.* (See separate sheet for the indicators).The gender pay gap is assessed on the five indicators (or four indicators in companies employing fewer than 250 employees - indicators two and three are merged).The overall score is obtained by adding up the total points from each indicator, giving an overall score of up to 100. If the score does not reach a threshold after a three-year period, employers face steep financial penalties (1% of total payroll). The indicators, the methodology and the associated score must be:

  1. filed with the labor inspector; and
  2. made available to the Social and Economic Committee via the Economic and Social Data Base. Companies that obtain less than a total of 75 points (out of 100) must take corrective measures to reduce their gender pay gap. Companies that obtain less than 75 points for three consecutive years will be invited by the DIRECCTE (Regional Business, Work and Employment Directorate) to comment on and justify their failure to implement appropriate corrective measures. The key obligation is that the salary data collection is to be broken down into categories including sex and professional group. The information must be available for the employee representatives or in case of no representatives, the employees. No straight reporting applies in relation to the salary registry.

 

Nature of obligation: Pay equity auditing:
No. In essence required to fulfill information required in pay data/gap report.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Regional Business, Work and Employment Directorate (DIRECCTE); Labour Ministry and Labour Inspector.

Timeframe for obligation:
Annual.

Penalty for non-compliance:
Yes. Where a company has obtained less than 75 points for three consecutive years, taking into account the discussions between the DIRECCTE and the employer, as well as circumstances such as economic difficulties, on-going restructuring or on-going insolvency proceedings, the DIRECCTE may either:

  1. give the Company an extra year to obtain at least 75 points; or
  2. sanction the Company with a civil penalty of up to 1% of the Company's total payroll for the previous year. If the Company fails to provide the DIRECCTE with the Company's total revenue, then the penalty will be calculated on the basis of two times the monthly social security ceiling, per employee and per month. For 2020, the monthly social security ceiling amounts EUR3,428. This penalty also applies if a Company fails to
    (i) publish its annual report on the gender pay gap; or
    (ii) take measures to reduce the gap. Moreover, companies which have benefitted from the Covid Recovery Plan but which fail to publish their index and its indicators on the Labour Ministry should also be subject to a specific penalty, established by a decree which has yet to be published.

 

Does the public get access to the reporting/certification/auditing/access?:
Yes. The overall score must be published on the company's website. Companies without a website must inform their employees of the overall score by other means. Moreover, companies having benefited from the Covid Recovery Plan will have to publish their gender pay gap index as well as the score obtained for each indicator on the Labour Ministry's website, before December 31, 2022. Specifications regarding this new Covid-related publication will be given by a decree, which has not yet been released.

Germany






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

>200 / >500

 

Gender (pending expansion to include DEI).

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Remuneration Transparency Act eff. July 1, 2017; Diversity Reporting/Act of Transparency May 2019/DEI Perspective ‐ pending as of 2020 (included as recognized but not included in PE).

Nature of obligation: Pay data/gap reporting:
Yes. Employers must assess and/or report on gender pay differences. For employers with at least 200 employees:

  1. Individual employees have a right to request information about the average pay of comparable employees of the opposite gender but only if there are at least 6 employees of the opposite gender in comparable positions (for data privacy purposes, so that no individual salary data is disclosed);
  2. The request can cover information about the comparable employee's base salary plus two additional pay components, e.g. bonus, car allowance, etc. For employers with at least 500 employees:
    1) "called upon" to implement an internal company evaluation of remuneration system using statistically valid methods;
    2) if required to file a management report, file a report identifying (a) their measures to ensure equality and equal pay and their effects every three years (five years if collective bargaining agreements are in place), and, if no such measures, justification and (b) statistically disaggregated by gender the average number of employees as well as full time and part‐time employees. If employees' pay is lower than the remuneration of comparable employees, they can bring a claim for equal payment.

 

Nature of obligation: Pay equity auditing:
No. 500+ employees "encouraged" to implement regular audits.

Nature of obligation: Pay equity certification:
No.

Nature of obligation: Diversity requirement:
No. Pending expansion to include DEI (Second Leadership Positions Act January 2021 set minimum diversity quota for female executives for certain large, listed companies).

Enforcement body:
Federal Labour Court.

Timeframe for obligation:
Every three years or six years if Collective Bargaining Agreement in Place (Reporting).

Penalty for non-compliance:
No.

Does the public get access to the reporting/certification/auditing/access?
Yes. The report has to be published in the Federal Gazette (Bundesanzeiger) and must be made publicly available.

Iceland






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

>25

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
Amendments to the Gender Equality Act No. 10/2008, eff. 2018.

Nature of obligation: Pay data/gap reporting:
Yes. Employers must include a gender equality program or gender equality perspectives into their personnel policy. The program must include a statement of aims, with a plan of how they are to be achieved in order to guarantee the employees the rights set forth in Articles 19-22 of the Gender Equality Act. The equality programs and gender equality perspectives in personnel policies shall be reviewed at three-year intervals. Employers shall provide the Centre for Gender Equality with a copy of their gender equality plan, or personnel policy if they do not have a gender equality programme, together with their action plan, when the Centre for Gender Equality so requests.

Furthermore, employers must submit a report on developments in this field, within a reasonable period to the Centre for Gender Equality when it requests it.

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
Yes. Must be independently certified to pay equal wages for work.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Directorate of Labour; Centre for Gender Equality.

Timeframe for obligation:
Every three years.

Penalty for non-compliance:
Yes. Noncompliance may lead to fines as well as action by affected employee(s).

Does the public get access to the reporting/certification/auditing/access?
No.

India






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Pay equity statutes

Employee Size Threshold?

 

Who is protected?

 


 

All.

 

Gender.

 

 

Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Equal Remuneration Act, 1976 (ER Act); Code on Wages 2019 (law but not in effect yet).

Nature of obligation: Pay data/gap reporting:
Yes. Maintain a register in the prescribed form (Form D) with respect to all the workers employed. The form contains details relating to the description of work, the number of men and women employed, the rate of remuneration paid and the breakdown of the components of the remuneration for labour inspectors. The Wage Code consolidates the requirement to maintain registers under the Payment of Wages Act 1936, the Minimum Wages Act 1948, the Payment of Bonus Act 1965 and the ER Act. There may be more clarity on the reporting obligations once the Wage Code is brought into effect.

Nature of obligation: Pay equity auditing:
No.

Nature of obligation: Pay equity certification:
Yes. Must be independently certified to pay equal wages for work.

Nature of obligation: Diversity requirement:
No.

Enforcement body:
Equal Remuneration Act Inspectors.

Timeframe for obligation:
Annual.

Penalty for non-compliance:
Yes. Under the ER Act, if an employer fails to comply with the provisions relating to the maintenance of the information, then the employer could be punished with an imprisonment for one month or a fine of INR10,000 or both. If the employer fails to comply with the provisions relating to the recruitment or payment of remuneration, they can be punished with a fine not less than INR10,000 (which may be extended to INR20,000) or with imprisonment for a term of three months (which may be extended to one year) or both. Under the Wage Code, if an employer fails to comply with the provisions relating to the maintenance of records in the establishment, then the employer will be punishable with a fine of up to INR10,000. Fines could extend to INR50,000 if the employer pays its employees less than what is due under the Code. Further, if the employer fails to comply with any other provisions of the Code, they can be punished with a fine of up to INR20,000, and in case of a subsequent offense within five years from the date of the commission of the first or subsequent offense, be imprisoned for a term of up to one month and/or with a fine which may go up to INR40,000.

Does the public get access to the reporting/certification/auditing/access?
No.

Ireland






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