Employers' Guide to Navigating
Pay Equity Across the U.S.A
Employers' Guide to Navigating Pay Equity
Across the European Union
Below is a map of the European Union, 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.
Below is a map of the United States, 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, 2023
Global
European Union
United States
Quicklink to countries
Quicklink to states
Quicklink to countries
-
Low
-
Medium
-
High
Download this Pay Equity Definitive Guide
-
Low
-
Medium
-
High
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
-
Low
-
Medium
-
High
Pay Equity statutes
Who is Covered?
Who is Protected?
Greater than 10 employees.
Gender.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Corporate Sustainability Reporting Directive ("CSRD"). See CSRD Directive 2021/0104
Note: all EU Member States will be required to pass implementing legislation for the CSRD. It remains to be determined in what manner this will affect laws in EU jurisdictions that have already implemented a reporting requirement. As such, those jurisdictions are listed separately in the Guide
Nature of obligation: Pay data/gap reporting:
Yes. The CSRD will require an annual Sustainability Report. Within that report, the employer must report the Basic Salary and Remuneration Ratio (or Annual Total Compensation Ratio) between male and female employees. Basic Salary and Remuneration includes: (1) base salary, (2) other cash compensation (cash allowances, bonuses, commissions, profit-sharing, other variable payments), (3) long term incentives (equity-based compensation). Basic Salary and Remuneration Ratio reporting format depends on size:
- Employers with less than 50 employees can report the compensation ratio based on total employed male and female employees.
- Employers with 50 and more employees are required to break down the reporting into employee category, including (1) level, and (2) function.
Note: the guidelines give a couple examples of level (senior management, middle management) and function (technical, administrative, production), but do not explicitly define the terms.
Additionally, under the draft standards, the employer must report the contextual information including the methodology for compiling the data, and information that would assist an agency to understand the data ("Explanation").
The reporting obligation will be phased in for entities based on size and type. The following chart identifies the start of the reporting obligations with the corresponding applicable entities.
| Reporting Year | Entity Type |
| 2024 | All Public Interest entities that are also (a) Large EU Entity and (b) have at least 500 employees |
| 2025 | All Large EU Entities (regardless of whether they are Public Interest) |
| 2026 | All Public Interest entities that are either Small or Medium EU Entities |
| 2028 | Third Countries |
Small EU Entity: does not meet two of the three factors: (1) balance sheet does exceed €4M, (2) Net Turnover exceeds €8M, and (3) average number of employees exceeds 50 employees.
Medium EU Entity: does not meet two of the three factors: (1) balance sheet does exceed €20M, (2) Net Turnover exceeds €40M, and (3) average number of employees exceeds 250 employees.
Large EU Entity: meets two of the three factors: (1) balance sheet does exceed €20M, (2) Net Turnover exceeds €40M, and (3) average number of employees exceeds 250 employees.
Public Interest EU Entity: is an entity that (a) is traded on a securities exchanged in the EU (i.e., listed on a EU exchange), (b) credit institution, (c) insurance related or (d) otherwise designated as "Public Interest" by a EU member.
Third, a "Third Country" is a non-EU entity that has (a) more than Net Turnover of €150M in the EU and one of the following two (1) has an EU "subsidiary or branch" with Net Turnover of at least €40M, or (2) Large or Listed EU subsidiary.
Nature of obligation: Pay equity auditing:
Yes. CSRD requires that the Annual Sustainability Reportbe audited by an Independent third-party accredited auditor. This audit report is referred to as an Assurance.
The Assurance can only be conducted by a Statutory Auditor, which is an auditor with approval from the applicable member state. See EU Directive 2006/43/EC, Article 3(1-2). The base qualifications for a Statutory Auditor are established by EU Directive 2006/43/EC, as amended by the CSRD, but each member state can add qualifications.
Initially, CSRD only requires a Limited Assurance as the Assurance Standard, the specifics for which are to be set by 2026. EFRAG is required to do a review by 2028 to determine whether to shift from a Limited Assurance to a Reasonable Assurance standard, and if so, what that standard will look like.
Limited Assurance: the auditor only speaks to whether it found anything misstated. Essentially the auditor is only looking at the report itself and making sure that it includes all the required information and that it is not internally inconsistent.
Reasonable Assurance: This is the standard currently used for EU Financial Reporting. The auditor must positively conclude that specific criteria have been met (the details for which has not yet been set by EFRAG).
Note: EU Directive 2006/43/EC governs the qualifications and accreditation of statutory audits and statutory auditors, but, each member state has significant leeway in how they implement the directive.
Nature of obligation: Pay equity certification:
No. But companies must comply with the annual Sustainability Reporting requirements which includes an independent audit.
Nature of obligation: Diversity requirement:
No.
Enforcement body:
To be determined by each member state.
Timeframe for obligation:
Annually.
Penalty for non-compliance:
To be determined by each member state.
Does the public get access to the reporting/certification/auditing/access?
No.
Download this Pay Equity Definitive Guide
Pay equity statutes
Employee Size Threshold?
Who is protected?
N/A
Gender, age, nationality, race, civil status, sexual orientation, or disability.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Consolidation of Brazilian Labor Laws (CLT) - Amendment, Law No. 13,467 of 2017. Equal pay for performing work of equal value in same business establishment (CLT, Art. 461). "Equal value" is the work performed with equal productivity and technical proficiency. Comparison limited to employees with tenure that is (a) no more than four years and (b) difference in tenure is no more than two years. Exception to "equal value" if employer has career plan.
Pay equity statutes
Employee Size Threshold?
Who is protected?
N/A
Race, color, religion, sex, political opinion, union activity, ethnic or social origin
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Code du Travail, Art. 14.
Pay equity statutes
Employee Size Threshold?
Who is protected?
N/A
Gender, Nationality
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution (Art.48) and by the General Labour Law (Art.52). Article 48. The state shall promote women's employment and shall guarantee them the same remuneration as men for work of equal value, both in the public and in the private sectors.
Pay equity statutes
Employee Size Threshold?
Who is protected?
N/A
Gender,national and social origin, language, religious or political convictions, participation or nonparticipation in labor unions or other public associations, property or official position, age, the residence, disability.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution of Belarus, Art. 42: Equal Pay for Equal Work; Labor Code, Art. 14
Pay equity statutes
Employee Size Threshold?
Who is protected?
100+ and additional requirement for 500+
Gender.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Section 14 bis of the Argentine National Constitution, provides for the principle of equal salary for equal work. Additionally, Argentina has ratified the Equal Remuneration Convention C. 100 of the International Labour Organisation. The foregoing, in addition to Labour Law No. 20,744 as well as Anti-discrimination Law No. 23,592 and international treaties entered into by Argentina, prohibit discrimination. Notwithstanding the above, different conditions (including salary variations) may be initiated by the employer when it is justified by objective parameters (i.e., seniority, job position, responsibilities, tasks and performance).
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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:
- 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.
- 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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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:
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?
"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:
N/A
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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.
Download this Pay Equity Definitive Guide
Pay Equity statutes
Updated Aug 22, 2021 at 8:00AM
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
Download this Pay Equity Definitive Guide