Employers' Guide to Navigating
Pay Equity Across the U.S.A
Employers' Guide to Navigating Pay Equity
Across the European Union
The map below displays the European Union, with color-coded highlights to indicate the varying levels
of significance of their evolving pay equity laws.
The map below shows the United States, with color-coded highlights to emphasize the varying levels of
significance of evolving pay equity laws.
Updated August, 2024
Global
European Union
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.
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Low
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Medium
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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 |
2027 | 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.
For comprehensive insights, explore our Brazil guide
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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
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+
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
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.
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.
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.
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.
For comprehensive insights, explore our California guide
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For comprehensive insights, explore our Colorado guide
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For comprehensive insights, explore our Connecticut guide
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Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
There is no equal pay law. There is a general wage discrimination law - pay discrimination prohibited under nondiscrimination statute
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.
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.
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.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Any protected category
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.
Effective January 1, 2024, it is unlawful discriminatory practice for any employer to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;: because of race, sex, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status.
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.
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.
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.
For comprehensive insights, explore our Illinois guide
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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.
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.
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.
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.
For comprehensive insights, explore our Massachusetts guide
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For comprehensive insights, explore our Maryland guide
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Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Sex, Race
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.
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.
For comprehensive insights, explore our Minnesota guide
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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.
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, competition 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.
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.
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.
For comprehensive insights, explore our Nevada guide
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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.
For comprehensive insights, explore our New Jersey guide
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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.
For comprehensive insights, explore our New York guide
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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.
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.
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.
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.
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.
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.
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.
For comprehensive insights, explore our Rhode Island guide
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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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employer
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.
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.
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.
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.
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.
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.
For comprehensive insights, explore our Washington guide
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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.
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.
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.
For comprehensive insights, explore our Australia guide
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