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 March, 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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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.
Pay equity statutes
Employee Size Threshold?
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.
Companies with 100 or more employees are required to publish biannual, every six months, pay transparency reports. In the event that wage inequality or inequality of remuneration criteria is identified, companies shall present and implement an action plan to mitigate inequality with goals and deadlines. N.14,611/2023, which amends Article 461 of the Labor Code. The first reports are due in March 2024, the specific date to be announced by the Brazilian Ministry of Labor. The pay transparency report must be anonymized and submitted to the Ministry of Labor through their designated portal. The reports must also be posted on the company's website, social media profile or similar instrument to ensure wide dissemination to employees and the general public. Federal Decree N.11,795/2023.
Penalty for Non-Compliance
PL 371/211 Provides for punishment and enforcement mechanisms against wage inequality between men and women. Non-compliance with the pay transparency reporting requirements may include administrative fines of up to 3% of the company's payroll, capped at 100 times the minimum wage.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employees
Gender, race, and ethnicity
Law Citation:
Equal Pay Act, Cal. Labor Code § 1197.5.
Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions.) Retaliation against an employee who files a complaint is illegal. It's also illegal for an employer to prohibit employees from talking about their or their co-workers' wages. Provides a cause of action to sue for damages./Employers are prohibited from asking for an applicants' salary history and are required to supply pay scales upon an applicant's request./San Francisco has a city ordinance that further prohibits employers from disclosing a current or former employee's salary information without their consent.
What type of work must be compared?
Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.
What is the statute of limitations?
Two years from the date of the violation (each paycheck counts as a violation); three years if willful.
May employers ask about salary history (state v. local)?
No, unless offered voluntarily and without prompting, employers may not seek an applicant's salary history or rely on it to determine whether to offer employment or what salary to offer. Prior salary will not justify disparities in compensation.
Other Pay Equity Related Obligations:
CA SB 973, eff. 1/1/21 (Pay Data Reporting): Pay data reporting to the Department of Fair Employment and Housing (DFEH) required by all private employers with 100+ employees and required to file EEO1 reporting.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Gender and in combination with protected class
Law Citation:
Equal Pay for Equal Work Act - Wage Equality Regardless of Sex, Colo. Rev. Stat. § 8-5-102, et. seq.
Provisions:
Employers are prohibited from paying an employee of a different sex less for "substantially similar" work (prohibits discrimination on the basis of sex, or on the basis of sex combined with any other protected status, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, regardless of job title, based on skill, effort, and responsibility). It is forbidden to ask about or rely on an applicant's salary history, to restrict employees from discussing their salary, or to retaliate against an employee for failing to disclose their salary history. Provides employer liability for damages.
What type of work must be compared?
Substantially similar work.
What is the statute of limitations?
One year to file a complaint with the state DOL; two years from the date they learned of the violation.
May employers ask about salary history (state vs. local)?
No. Employers may not discriminate in employment based on salary history. The Act further prohibits employers from inquiring about a prospective employee's wage history or from relying on the wage history to determine a wage rate. Employers are prohibited from discriminating or retaliating against a prospective employee for failing to disclose such wage history. Employers also may not rely on prior wage history to justify a disparity in wages. The law also has unique requirements to post compensation on job postings and provide notice of promotional opportunities.
Other Pay Equity Related Obligations:
CO SB 19-805 eff. 1/1/21 (Safe Harbor Protections for employers): Safe Harbor protections from liquidated damages for employers that can show good faith effort to complete a thorough and comprehensive pay audit of its workforce with the goal of remediating unlawful disparities within two years before suit is filed.
Pay Equity Statutes
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.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
Equal Wage and Equal Pay Acts: Private employers with six+ employees and Public employers/ Wages of Women and Minors: Private employers with four+ employees and Public employers/ Executive Orders: Public employers only
Sex, African American
Law Citation:
Equal Wage Act, 820 Ill. Comp. Stat. 110, 1, et. seq. Equal Pay Act of 2003, 820 Ill. Comp. Stat. 112/1, et. seq. Wages of Women and Minors Act, 820 Ill. Comp. Stat. 125/0.01, et. seq. Ill. Executive Order 2019-02. Executive Order No. 2018-1 Reaffirmation of commitment to gender pay equality.
Provisions:
Creates a penalty for wage discrimination. Employers can't discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Prohibits employing women and minors at an oppressive or unreasonable wage rate. Provides a cause of action to sue for damages. State offices can't ask for salary history on employment applications, in interviews or in employment screenings. City of Chicago departments may not ask for applicants' salary histories.
What type of work must be compared?
Same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
What is the statute of limitations?
All complaints shall be filed with the state Department of Labor within one year from the date of the underpayment. Civil actions shall be brought within five years from the date of underpayment.
May employers ask about salary history (state vs. local)?
No. Employers are prohibited from (1) screening job applicants based on their wage or salary history, (2) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (3) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Unless a matter of public record or if the job applicant is a current employee, employers are also prohibited from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer. However, an employer will not violate the statute when a job applicant voluntarily and without prompting discloses such information, provided the employer does not consider or rely on the voluntary disclosures as a factor in potential employment, compensation, or other benefits. Employers are not barred from engaging in discussions with an applicant about his/her expectations with respect to wage or salary, benefits, and other compensation.
Other Pay Equity Related Obligations:
SB 1480, enacted on March 23, 2021 and amended SB 1847 on June 25, 2021, amends the Illinois Equal Pay Act to require private employers with more than 100 employees to obtain an "Equal Pay Registration Certificate" from the Illinois Department of Labor (IDOL) by filing an application with various extensive disclosures and certifications, and recertify every two years thereafter. SB 1480 also amends the Illinois Business Corporation Act to require corporations to submit workforce gender and racial demographics data, which will then be published by the Illinois Secretary of State within 90 days.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Gender
Law Citation:
Equal Pay Act, Ann. Laws of Mass. Gen. Laws Ch. 149, § 105A.
Provisions:
Employers may not discriminate in the payment of wages between sexes or employ a woman at a pay rate less than what a man receives for substantially similar work (skills, effort, responsibility, and similar working conditions). Employers can't ask about a prospective employee's pay history until after a job offer has been negotiated.
What type of work must be compared?
Comparable work, defined as work that is substantially similar in that it requires substantially similar skill, effort, and responsibility and is performed under similar working conditions; provided however, that a job title or job description alone shall not determine comparability.
What is the statute of limitations?
Three years and each paycheck is a violation.
May employers ask about salary history (state v. local)?
No. Employers may not seek salary history from a prospective employee or current or former employer before an offer. If a prospective employee has voluntarily disclosed salary history information, the employer can confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary. Cannot require that prior wage or salary history meet certain criteria. Prior wages are not a defense to equal pay complaint.
Other Pay Equity Related Obligations:
MEPA amended 7/1/18 affords protections for employers within the previous three years and before the lawsuit filed if voluntarily conducted a good faith, reasonable self-evaluation (reasonable in detail and scope) of their pay practices and made reasonable progress towards eliminating any unlawful gender-based pay gaps the self-evaluation revealed can bypass damages and liquid damages (double damages) within a reasonable amount of time.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Sex, gender identity
Law Citation:
Equal Pay for Equal Work, Md. Labor and Employment Code Ann. § 3-301, et. seq.
Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). They're also prohibited from providing less favorable employment opportunities based on sex or gender identity. Employers are prohibited from requesting or making a decision based on an applicant's salary history. Employers are required-upon request- to provide employees with the wage range for the job applied for. Provides cause of action to sue for damages.
What type of work must be compared?
Work of comparable character or work in the same operation, in the same business, or of the same type.
What is the statute of limitations?
Three years after the employee receives wages paid on the termination of employment.
May employers ask about salary history (state v. local)?
No. Employers are prohibited from requesting or making a decision based on an applicant's salary history. Employers are required-upon request- to provide employees with the wage range for the job applied for. Employers are prohibited from retaliating against or refusing to interview, hire, or employ any job applicant who either (a) did not provide wage history on a job application, or (b) who requested information about the wage range for the job to which the applicant applied. Employers also will be prohibited from relying on the applicant's wage history as a way to screen job applicants for the position, or when determining the wages for the applicant if that person is hired. Employers are further prohibited from seeking the wage history of an applicant either orally, in writing, or through another employee, an agent, or from the applicant's current or former employer. However, after an applicant has received an initial offer of employment and that offer includes a specific compensation figure, an employer may rely on any wage history voluntarily provided by the applicant to support a wage offer higher than the initial wage offer and seek to confirm the wage history voluntarily provided by the applicant to support the higher wage offer. These additional exceptions, however, are subject to the additional restriction that the higher wage may not create a pay differential based on sex and/or gender identity.
Other Pay Equity Related Obligations:
N/A.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
Private employers
Sex
Law Citation:
Equal Pay for Equal Work Law, MN Stat. Sec. 181.66 et seq.; Women's Economic Security Act Minn. Stat. Sec. 363A.44.
Provisions:
There are two separate Pay Equity provisions in Minnesota. One that applies generally to private employers (Equal Pay for Equal Work Law) and one that applies specifically to certain state contractors (Women's Economic Security Act). The standard for both laws is the same.
Equal Pay for Equal Work Law: 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 quantity or quality of production, or a differential based on any other factor other than sex.
Women's Economic Security Act: requires certain state contractors to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights prior to executing a contract. Contractors affected are those with 40 or more employees and where the state contract value is $500,000 or more.
All public jurisdictions, including cities, counties, and school districts must submit pay equity reports.
Employers are liable for the amount of unpaid wages to which the employee is entitled, plus reasonable attorney fees.
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, for a private action. For contractor certificate holders, the state is allowed to perform random audits of compliance and fine a contractor for each year under the contract that they were out of compliance.
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
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Sex and gender
Law Citation:
Discrimination on basis of sex prohibited, Nev. Rev. Stat. § 608.017; Senate Bill 293.
Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions).
What type of work must be compared?
Equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.
What is the statute of limitations?
Not addressed within equal pay law.
May employers ask about salary history (state v. local)?
Not addressed.
Other Pay Equity Related Obligations:
Senate Bill 293: prohibits employers from inquiring about an applicant's wage or salary history, or discriminating against an applicant that refuses to provide a wage or salary history.
An employer may not:
- Seek the wage or salary history of an applicant;
- Rely upon the wage or salary history of an applicant to determine whether to offer employment or the rate of pay for the applicant;
- Refuse to interview, hire, promote, or employ an applicant if the applicant does not provide a wage or salary history; and
- Discriminate or retaliate against an applicant that does not provide a wage or salary history.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces
Law Citation:
Equal Pay, Discrimination in Wages, N.J. Stat. Ann. § 34:11-56.1, et. seq. N.J. Stat. Ann. § 10:5-12(t). Executive Order 1, 2018.
Provisions:
Employers may not discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides cause of action to sue for damages.
What type of work must be compared?
Substantially similar work, when viewed as a composite of skill, effort and responsibilities.
What is the statute of limitations?
Continuing violation doctrine applies; backpay limited to six years.
May employers ask about salary history (state v. local)?
No, employers may not ask job applicants about their salary history, including prior wages, salary, commission, benefits or any other current or previous compensation. Employers may verify and consider salary history if an applicant voluntarily, without prompting or coercion, provides the information. An employer may not use an applicant's refusal to volunteer salary history information as a consideration in hiring decisions. The law does not apply to internal transfers or promotions, when a federal law or regulation requires that salary history be disclosed, or when an employer is considering an incentive or commission component as part of the total compensation package. Salary History, N.J. Stat. Ann. §§ 10:5-12.12, 34:6B-20.
Other Pay Equity Related Obligations:
Diane B. Allen Equal Pay Act (2018) requires public contractors to submit an equal pay report.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic factors, familial status, marital status, and domestic violence victim status
Law Citation:
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:
Beginning April 2022, employers advertising job postings must now include the salary range in their postings. Senate Bill S5598B replaces New York City Human Rights Law that required that employers disclose minimum and maximum salaries for all advertised jobs, promotions or transfer opportunities. The new law will apply to salaried exempt positions as well as hourly non-exempt positions. Temporary staffing firms are exempt from this legislation as they already provide this information after interviews in compliance with the NY State Wage Theft Prevention Act.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Sex. Starting 1/1/23: race, color, religion, sex, sexual orientation, gender identity or expression, disability, age or country of ancestral origin
Law Citation:
Wage discrimination Based on Sex, R.I. Gen Laws Ann. 1956 § 28-6-18 et seq.
Provisions:
Employers may not discriminate in the payment of wages based on sex for equal work or work on the same operations. Provides cause of action to sue for damages.
What type of work must be compared?
Equal work or work on the same operations.
"Comparable work" means work that, "as a whole," requires "substantially similar skill, effort, and responsibility, and is performed under similar working conditions." Minor differences in skill, effort or responsibility will not prevent two jobs from being deemed comparable.
If two employees are performing comparable work as defined by the act, wage disparities are only permissible if reasonably explained by, or if the employer reasonably relied on, one or more of the following:
- Seniority
- A merit system
- A system that measures earnings by quantity or quality
- Geographic location
- Shift differentials
- Job-related education, training or experience
- Work-related travel
- Any other bona fide job-related factor other than membership in a protected class
What is the statute of limitations?
Starting January 1, 2023 two years.
May employers ask about salary history (state v. local)?
No. Starting January 1, 2023 per amendment to Ch. 28-6 with new 28-6-22.
Other Pay Equity Related Obligations:
Starting on 1/1/23, RI provides for affirmative defense to all liability if the employer can show good faith self-evaluation within the previous two years and prior to commencement of action and that the unlawful wage differential revealed in the self evaluation has been eliminated. Employers can design their own based on reasonably relevant factors or use a standard template.
Employers must also provide a wage range for any position, including open positions, upon request. Likewise, an employer "should provide a wage range for the position the applicant is applying for prior to discussing compensation." In addition, when a current employee transfers to a different position within the company, the employer must provide the wage range for the new position, even if the employee does not affirmatively request it.
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.
Pay Equity statutes
Who is Covered?
Who is Protected?
All employers
Gender
Law Citation:
Wage discrimination due to sex, Wash. Rev. Code Ann. § 49.58.020.
Provisions:
Employers may not discriminate in the payment of wages based on sex and if they do they shall be guilty of a misdemeanor. Provides a cause of action to sue for damages.
What type of work must be compared?
The performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions; job titles alone are not determinative of whether employees are similarly employed.
What is the statute of limitations?
Continuing violation doctrine applies; three years.
May employers ask about salary history (state v. local)?
No. Under the salary history ban, the law forbids employers from seeking the wage or salary history of an applicant for employment from the applicant or from the applicant's current or former employer, and requires that an applicant's prior wage or salary history meet certain criteria. Employers, however, can confirm an applicant's wage or salary history if the applicant has voluntarily disclosed his or her wage or salary history; and may also confirm it after an offer (including compensation) has been negotiated with the applicant.
Other Pay Equity Related Obligations:
Beginning January 1, 2023, Washington employers with fifteen or more employees must include salary ranges in all job postings as well as a general description of all the benefits and compensation offered. With internal transfers or promotions, employers must provide the wage scale or salary range of the new position, upon request.
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.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
100+ and additional requirements for 500+
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Gender Equality Action Plans, eff. 2021 (Victoria which covers Melbourne); Workplace Gender Equality Act 2021.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. 100 +: Annual report to Workplace Gender Equality Agency (WGEA) that includes details of aggregated average base salary and total remuneration of male vs. female employees. 500+: Additional obligation to meet certain minimum standards for gender equality. Produce annual workplace profile and reporting questionnaire, signed by the CEO, and which may be published on WGEA website. Report to show information including:
1) aggregated average base salary and total remuneration of male vs. female employees in various occupational categories;
2) gender composition of the workforce and whether any policies are in place to support gender equality;
3) gender composition of the board of directors and whether any targets are in place for representation of women on the board;
4) details of gender pay equity objectives and policies (if any);
5) whether any gender remuneration gap analysis has been undertaken;
6) availability of flexible working arrangements;
7) consultation with employees on issues concerning gender equality in the workplace;
8) sex based harassment and discrimination policies; and
9) the number of new appointments, promotions and resignations during the reporting period by gender, employment status and manager/non-manager categories. No data on actual individual pay rates is required to be disclosed to WGEA: all amounts are aggregated and individual data de‑identified. If a pay gap is identified, there is no duty to take steps to close the gap.
Nature of Obligation: Pay Equity Auditing:
No. In essence required to fulfill information required in pay data/gap report.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No. In essence required to fulfill information required in pay data/gap report.
Enforcement Body:
Workplace Gender Equality Office (WGEA): Employers who comply are designated WGEA Employer of Choice for Gender Equality and CEO's and heads of departments/directors can become Pay Equity Ambassadors under WGEA's Pay Equity Ambassador Program (sign pledge and commit to working with WGEA to promote and improve gender equality for two years).
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
None. No legal sanctions/fines, but employers who do not comply could be named and shamed by WGEA in a report to the Minister or by some other means (e.g. on the WGEA's website). The employer may also be precluded from bidding for Commonwealth and some State contracts, or from receiving Commonwealth grants or other financial assistance.
Does the public get access to the reporting/certification/auditing/access?
Yes. Report may be published by WGEA on its website or in a report to the Minister for Parliament. However, remuneration and pay data provided to WGEA by employers is confidential. Employer-specific remuneration data disclosed publicly but in aggregate form on an industry‐wide basis. Internally - Employers must inform employees and shareholders that it has logged the report with WGEA and the way in which it may be accessed (whether electronic or otherwise). The employer must also take all reasonable steps to inform each employee organization (e.g. a union) that has members who are employees of the employer, that the employer has logged the report.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Act (eff. August 31, 2021) and Pay Equity Regulations.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Within 60 days of August 31, 2021, employers must post a notice setting out their obligations to establish a Pay Equity Plan and to make all reasonable efforts to establish a Pay Equity Committee for that purpose. The Pay Equity Plan must be finalized by August 31, 2024 (three years from enactment of Act) and revised at least every 5 years.
An Employer must provide notice that they are developing the plan and must provide notice once the plan is developed.
Plan Content: (1) identification of job classes; (2) Determination of predominantly (at least 60%) female and predominantly male job classes; (3) Determination of value of work; (4) Calculation of compensation ($/hr) for each class (may exclude differences due to reasonable factor); (5) Comparison of compensation (equal average method or equal line method)
The Act requires the following employers to make reasonable efforts to establish a Pay Equity Committee:
- Employers with 100 or more employees; and
- Employers with 10 to 99 employees if some or all employees are unionized. If an employer has 10-99 employees, and employees are not unionized, there must still be a pay equity plan and pay equity committee to identify "job classes", determine gender predominance, evaluate each job class using a gender-neutral comparison system (either the "equal average method" or the "equal line method"). These employers must still post their pay equity plan, provide employees with an opportunity to comment, consider employee comments and implement the pay equity plan within three years. Employers must increase compensation for the predominantly female job classes that are comparatively underpaid, and maintain pay equity, and review the pay equity plan at least once every five years, provide certain information to their pay equity committee, and certain notices to their employees, and file information (e.g. annual statements) with the Pay Equity Commission.
The Pay Equity Committee must include: 1) At least one committee member from each bargaining unit in a unionized context; 2) A committee member who is elected to represent non‐unionized employees; and 3) At least one committee member who represents the employer. Furthermore, 50% of committee members must be women, and at least 2/3 of committee members must represent affected employees. An employer's Pay Equity Committee will be responsible for developing the employer's Pay Equity Plan. Pay Equity Plan - The key feature of the Act is that it requires most federally regulated employers with 10 or more employees to develop a proactive Pay Equity Plan for its employees. The Act outlines the content that must be included in the Plan. If there is an inconsistency between a Pay Equity Plan and any collective agreement governing employees to whom the plan relates, the Pay Equity Plan will prevail to the extent of the inconsistency.
Employers must post the pay equity plan for employees to review and comment within 60 days after the Plan has been developed. Once an employer's Pay Equity Plan is established, the employer will be required to increase the compensation of any predominantly female job classes receiving less pay than their male counterparts. Certain employers may be entitled to phase in such compensation increases over three to five years. Employers will be required to update their Pay Equity Plans every five years to ensure that they are maintaining pay equity and that any new pay gaps are closed.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Pay Equity Commissioner; Canadian Human Rights Tribunal.
Timeframe for Obligation:
Annual (statements regarding equity efforts and progress); Every five Years (draft and review plan but must implement within three years).
Penalty for Non-Compliance:
Yes. Administrative monetary penalties up to $50,000 may be imposed; a compliance audit can be conducted then orders requiring compliance.
Does the public get access to the reporting/certification/auditing/access?
Yes. Annual statements filed annually to the Pay Equity Commission.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Act. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Send information regarding pay to Statistics Denmark, who then provide the employer with gender segregated pay statistics once a year. The statistics show the percentage difference between the salary of men and women in each employment category with at least 10 women and 10 men. By agreement with employee representatives, employers can choose to make a statement on equal pay instead of providing the equal pay statistics.
The statement must contain: 1) a description of factors that have an influence on the remuneration of men and women at the company; 2) a plan for how the company intends to prevent or reduce the pay gap between men and women; and 3) a follow-up procedure. There is no mandatory obligation to close the gap; however, the statistics may give an indication that there are grounds for legal proceedings against the employer for violation of the Equal Pay Act.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Statistics Denmark; The Danish Institute of Human Rights; Danish Board of Equal Treatment: To further the equal treatment of all people regardless of gender, race or ethnic origin, an action can be brought before the Danish Board of Equal Treatment by the Danish Institute of Human Rights.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
Yes. If an employer fails to report to Statistics Denmark, they must then produce their own statistics on equal pay. If an employer fails to comply with these rules they may also be subject to a fine.
Does the public get access to the reporting/certification/auditing/access?
No. Internally ‐ report has to be communicated and discussed with the works council, or if none, with the trade union delegation.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Finish Equal Pay. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Produce an equality plan every second year particularly with relation to pay and other terms of employment. The equality plan must include a pay survey ensuring that there are no unjustified pay differences between women and men who are working for the same employer and engaged in either the same work or work of equal value. The pay survey must include:
- details of the employment of women and men in different jobs;
- a survey of the grade of jobs performed by women and men; and
- the pay for those jobs (including bonus etc.) and the differences in pay. The disclosed data cannot be linked with any individual employee. The equality plan must include:
1) analysis of the state of equality at the workplace and in different areas of employment;
2) necessary measures planned for introduction or implementation with the purpose of, inter alia, achieving equality in pay; and
3) a review of the extent to which measures previously included in the gender equality plan have been implemented and of the results achieved. If a pay gap is identified, the employer must account for reasons behind any pay gap. If no acceptable reason is found for the pay gap, the employer must take appropriate corrective action.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
No.
Timeframe for Obligation:
Every two years.
Penalty for Non-Compliance:
Yes. If an employer neglects to produce the equality plan several times, the National Non-Discrimination and Equality Tribunal may impose an obligation on the employer to prepare an equality plan within a defined period, under threat of a fine if necessary.
Does the public get access to the reporting/certification/auditing/access?
No. Internal - Employer has a statutory obligation to inform the employees about the equality plan (including the pay survey), its content and any amendments to it. All employee representatives taking part in the pay survey must have access to the information for carrying out the survey (including the information in line with the classification system used on the average salaries of women and men as well as more detailed information on salaries according to salary component if required).
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Pay Index eff. 2020; 2018 Law for Freedom to Choose a Professional Future and subsequent decree of January 8, 2019. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Annually publish and report their gender equal pay index score based on a number of disparity indicators.* (See separate sheet for the indicators).The gender pay gap is assessed on the five indicators (or four indicators in companies employing fewer than 250 employees - indicators two and three are merged).The overall score is obtained by adding up the total points from each indicator, giving an overall score of up to 100. If the score does not reach a threshold after a three-year period, employers face steep financial penalties (1% of total payroll). The indicators, the methodology and the associated score must be:
- filed with the labor inspector; and
- made available to the Social and Economic Committee via the Economic and Social Data Base. Companies that obtain less than a total of 75 points (out of 100) must take corrective measures to reduce their gender pay gap. Companies that obtain less than 75 points for three consecutive years will be invited by the DIRECCTE (Regional Business, Work and Employment Directorate) to comment on and justify their failure to implement appropriate corrective measures. The key obligation is that the salary data collection is to be broken down into categories including sex and professional group. The information must be available for the employee representatives or in case of no representatives, the employees. No straight reporting applies in relation to the salary registry.
Nature of Obligation: Pay Equity Auditing:
No. In essence required to fulfill information required in pay data/gap report.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Regional Business, Work and Employment Directorate (DIRECCTE); Labour Ministry and Labour Inspector.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
Yes. Where a company has obtained less than 75 points for three consecutive years, taking into account the discussions between the DIRECCTE and the employer, as well as circumstances such as economic difficulties, on-going restructuring or on-going insolvency proceedings, the DIRECCTE may either:
-
- give the Company an extra year to obtain at least 75 points; or
-
- sanction the Company with a civil penalty of up to 1% of the Company's total payroll for the previous year. If the Company fails to provide the DIRECCTE with the Company's total revenue, then the penalty will be calculated on the basis of two times the monthly social security ceiling, per employee and per month. For 2020, the monthly social security ceiling amounts EUR3,428. This penalty also applies if a Company fails to
(i) publish its annual report on the gender pay gap; or
(ii) take measures to reduce the gap. Moreover, companies which have benefitted from the Covid Recovery Plan but which fail to publish their index and its indicators on the Labour Ministry should also be subject to a specific penalty, established by a decree which has yet to be published.
- sanction the Company with a civil penalty of up to 1% of the Company's total payroll for the previous year. If the Company fails to provide the DIRECCTE with the Company's total revenue, then the penalty will be calculated on the basis of two times the monthly social security ceiling, per employee and per month. For 2020, the monthly social security ceiling amounts EUR3,428. This penalty also applies if a Company fails to
Does the public get access to the reporting/certification/auditing/access?:
Yes. The overall score must be published on the company's website. Companies without a website must inform their employees of the overall score by other means. Moreover, companies having benefited from the Covid Recovery Plan will have to publish their gender pay gap index as well as the score obtained for each indicator on the Labour Ministry's website, before December 31, 2022. Specifications regarding this new Covid-related publication will be given by a decree, which has not yet been released.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Labor Code of Georgia, as amended, Article 4, employers have the obligation to ensure the principle of equal remuneration of female and male employees for equal work performed. Discrimination of any kind is forbidden during labor relations based on many protected classes, including sex. Creation of conditions that directly or indirectly worsens a person's condition in comparison to other persons in the same conditions is considered to be discrimination.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender (pending expansion to include DEI)
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Remuneration Transparency Act eff. July 1, 2017; Diversity Reporting/Act of Transparency May 2019/DEI Perspective ‐ pending as of 2020 (included as recognized but not included in PE). Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Employers must assess and/or report on gender pay differences. For employers with at least 200 employees:
- Individual employees have a right to request information about the average pay of comparable employees of the opposite gender but only if there are at least 6 employees of the opposite gender in comparable positions (for data privacy purposes, so that no individual salary data is disclosed);
- The request can cover information about the comparable employee's base salary plus two additional pay components, e.g. bonus, car allowance, etc. For employers with at least 500 employees:
1) "called upon" to implement an internal company evaluation of remuneration system using statistically valid methods;
2) if required to file a management report, file a report identifying (a) their measures to ensure equality and equal pay and their effects every three years (five years if collective bargaining agreements are in place), and, if no such measures, justification and (b) statistically disaggregated by gender the average number of employees as well as full time and part‐time employees. If employees' pay is lower than the remuneration of comparable employees, they can bring a claim for equal payment.
Nature of Obligation: Pay Equity Auditing:
No. 500+ employees "encouraged" to implement regular audits.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No. Pending expansion to include DEI (Second Leadership Positions Act January 2021 set minimum diversity quota for female executives for certain large, listed companies).
Enforcement Body:
Federal Labour Court.
Timeframe for Obligation:
Every three years or six years if Collective Bargaining Agreement in Place (Reporting).
Penalty for Non-Compliance:
No.
Does the public get access to the reporting/certification/auditing/access?
Yes. The report has to be published in the Federal Gazette (Bundesanzeiger) and must be made publicly available.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Amendments to the Gender Equality Act No. 10/2008, eff. 2018.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Employers must include a gender equality program or gender equality perspectives into their personnel policy. The program must include a statement of aims, with a plan of how they are to be achieved in order to guarantee the employees the rights set forth in Articles 19-22 of the Gender Equality Act. The equality programs and gender equality perspectives in personnel policies shall be reviewed at three-year intervals. Employers shall provide the Centre for Gender Equality with a copy of their gender equality plan, or personnel policy if they do not have a gender equality programme, together with their action plan, when the Centre for Gender Equality so requests.
Furthermore, employers must submit a report on developments in this field, within a reasonable period to the Centre for Gender Equality when it requests it.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
Yes. Must be independently certified to pay equal wages for work.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Directorate of Labour; Centre for Gender Equality.
Timeframe for Obligation:
Every three years.
Penalty for Non-Compliance:
Yes. Noncompliance may lead to fines as well as action by affected employee(s).
Does the public get access to the reporting/certification/auditing/access?
No.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Equal Remuneration Act, 1976 (ER Act); Code on Wages 2019 (law but not in effect yet).
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Maintain a register in the prescribed form (Form D) with respect to all the workers employed. The form contains details relating to the description of work, the number of men and women employed, the rate of remuneration paid and the breakdown of the components of the remuneration for labour inspectors. The Wage Code consolidates the requirement to maintain registers under the Payment of Wages Act 1936, the Minimum Wages Act 1948, the Payment of Bonus Act 1965 and the ER Act. There may be more clarity on the reporting obligations once the Wage Code is brought into effect.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
Yes. Must be independently certified to pay equal wages for work.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Equal Remuneration Act Inspectors.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
Yes. Under the ER Act, if an employer fails to comply with the provisions relating to the maintenance of the information, then the employer could be punished with an imprisonment for one month or a fine of INR10,000 or both. If the employer fails to comply with the provisions relating to the recruitment or payment of remuneration, they can be punished with a fine not less than INR10,000 (which may be extended to INR20,000) or with imprisonment for a term of three months (which may be extended to one year) or both. Under the Wage Code, if an employer fails to comply with the provisions relating to the maintenance of records in the establishment, then the employer will be punishable with a fine of up to INR10,000. Fines could extend to INR50,000 if the employer pays its employees less than what is due under the Code. Further, if the employer fails to comply with any other provisions of the Code, they can be punished with a fine of up to INR20,000, and in case of a subsequent offense within five years from the date of the commission of the first or subsequent offense, be imprisoned for a term of up to one month and/or with a fine which may go up to INR40,000.
Does the public get access to the reporting/certification/auditing/access?
No.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Gender Pay Gap Information Act of 2021 (enacted July 13, 2021); expected to pass implementing legislation for the CSRD sometime during 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Mandatory reporting and publishing gender pay gap information will apply initially to businesses with 250 or more employees, reducing to 150 and subsequently 50 over time. Employers must set out the difference in average hourly and bonus pay for men and women, and the number of men and women across a few different pay categories. Report on difference in male and female remuneration as follows: 1) mean and median hourly remuneration for full-time and part-time employees; 2) mean and median bonus remuneration; 3) percentage of all employees who have received a bonus or benefits in kind. Additional regulations may be enacted to provide further clarity on: 1) the class of employer, employee and pay to which the regulations apply; 2) how the remuneration of employees is to be calculated; and 3) the form, manner and frequency in which information is to be published. Also required to publish, concurrently, the reasons for such differences and the measures (if any) taken or proposed to be taken by the employer to eliminate or reduce such differences. A central website onto which employers will be required to upload their information will be established.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Workplace Relations Commission (WRC); Irish Human Rights and Equality Commission (IHREC).
Timeframe for Obligation:
Annual reporting. Employers will choose a "snapshot" date of their employees in June 2022 and will report on the hourly gender pay gap for those employees on the same date in December 2022. Information reported includes: the mean and median gap in hourly pay between men and women; the mean and median gap in bonus pay between men and women; the mean and median gap in hourly pay of part-time male and part-time female employees; the mean and median gap in hourly pay of temporary males and female workers; the percentage of men and of women who received bonus pay and benefits-in-kind; the proportions of male and female employees in lower, lower middle, upper middle and upper quartile pay.
Penalty for Non-Compliance:
An employee who claims their employer has failed to comply with the statute may refer the claim to the Director General of the Workplace Relations Commissions. The Director General shall then decide whether to investigate the claim.
Does the public get access to the reporting/certification/auditing/access?
Yes. Employers must publish information relating to the compensation of their employees in order to show if there are any gender pay disparities. Employers must also publish a statement stating in the employers' opinion, the reasons for the gender pay gap in their company and what measures are being taken or proposed to be taken by the employer to eliminate or reduce that pay gap.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Federal Constitutional Law (Bundes‐Verfassungsgesetz, B‐VG), Article seven amended 1998; Women's Equal Rights Law; Mo. Ann. Stat. § 290.410, et. Seq).
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Duty to assess and report on gender pay differences. Employers must report the categories according to the types of employees: position and employee rank, with average pay in each of these categories divided by gender, and by full-time vs. part-time within each category. Additionally, employers must report the total number of employees by gender who are below the average. In order to close the gap the employer may adopt appropriate measures (take positive action) with the aim of removing any obstacles to equality between men and women. Employees who believe they have been discriminated against may also start individual or collective legal action themselves or through the "Counselor for Equal Treatment."
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Counselor of Equal Treatment.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
No. There are no specific sanctions; however a non-compliant company may be subject to employee discrimination claims.
Does the public get access to the reporting/certification/auditing/access?
Yes. The report needs to be actively published by the company; the manner is not specified, except that it "also" needs to appear on the company's website. Internal - The statute also requires an employer to provide relevant information to an employee inquiring about gender pay discrepancies relevant to their position.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Article 28 of Legislative Decree 198/2006 (Code). Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. The employer must draft a report on the situation of male and female personnel in the following areas: 1) Hiring; 2) Training; 3) Professional promotion; 4) Enrolment level; 5) Changes of category or qualification; 6) Redundancy events; 7) Intervention of wage integration fund; 8) Dismissals; 9) Early retirements and retirements; and 10) Remuneration actually paid. The report has to be provided, at least once every two years, by 30 April, to the work councils and to the "Regional Counselors for Equal Treatment." The report is then reviewed by the Counselors and sent to the "National Counselors for Equal Treatment", to the Labour Ministry and the Equal Treatment Department of the Government.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Labor Ministry and Equal Treatment Department of Government; Regional Labour Office.
Timeframe for Obligation:
Every two years.
Penalty for Non-Compliance:
Yes. Sanctions for non‐compliance: 1) If the employer does not send the report to the persons indicated by the law at least every two years, the Regional Labour Office may ask the companies to provide the report within 60 days; 2) If the employer does not fulfil this obligation it must pay an administrative sanction ranging from EUR515.00 up to EUR2,580.00; 3) Where discrimination regarding hiring, professional training, equality treatment for pay, duties and career and/or retirement age is proven, the employer must pay an administrative sanction ranging from EUR5,000.00 up to EUR10,000.00; 4) If the employer does not comply with the court order subsequent to the individual or collective action the sanction is imprisonment for up to 6 months or a fine of up to EUR50,000.00.
Does the public get access to the reporting/certification/auditing/access?
No.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Labor Standard Act of Japan (Article 4); The Act on the Promotion of Women's Participation and Advancement in the Workplace.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Employers are required to research and understand the company's
(i) rates of newly hired female employees;
(ii) the gender gap for years of continuous employment;
(iii) working hours; and
(iv) rates of female managers.
In addition, these companies have to prepare and submit an action plan based on their research to the Minister of Health, Labour & Welfare. Employers are required to annually analyze and disclose their workforce gender wage gap, and set one or two numerical targets within their action plans associated with professional opportunities and work environment initiatives that cultivate more work/family life balance. The action plan should include specific objectives and measures to improve gender equality in the workplace Employers are obliged to report information such as (i) the percentage of women among all employees, (ii) the percentage of women in managerial positions, or (iii) the percentage of women in executive positions, and to publish this information in the database of the Ministry of Health, Labor and Welfare. Employers are not necessarily obliged to correct the pay gap. However, if an individual employee's salary is different from that of other employees based solely on the employee's gender, the employer must pay the difference in accordance with the Labor Standards Act.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Ministry of Health, Labor and Welfare; there's an opportunity for companies to apply and receive a certificate of excellence in recognition of proactive efforts in light of the report.
Timeframe for Obligation:
Annual reporting.
Penalty for Non-Compliance:
The Ministry, when deemed necessary with regard to the Act's enforcement, may request reports of private employers or give private employers advice, guidance or recommendations. Persons who fail to make a report or make a false report shall be punished by a fine of not more than 200,000 yen.
Does the public get access to the reporting/certification/auditing/access?
Yes. The employer must submit the report to the Ministry of Health, Labor and Welfare and disclose the gender wage gaps on its company website.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender (Equal Treatment/No Discrimination)
Law Citation for Pay Equity Auditing/Diversity/Reporting:
ICLG ‐ Employment & Labour Laws and Regulations (Labour Code Article L. 245 et seq.; Article L. 614 et seq.). Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
No. A report is not required but the employer must inform and consult the equal opportunities officer on the status, structure and likely changes in employment (and employment conditions) in the business. For example, the employer must share (twice a year) gender‐based statistics on recruitment, promotions, transfers, dismissals, pay and training with the staff delegation. While there is no provision explicitly requiring employers to close a pay gap, the fact that the Labour Code requires gender pay equity, implies an obligation to close such gaps when they occur.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
The Labour and Mines Inspectorate (Inspection du travail et des mines, or the "ITM") and the Employment Development Agency (Agency pour le développement de employ or "ADEM") are each responsible for ensuring compliance with pay equity. They may act as an informal mediator in any individual labour dispute which may arise such as a dispute regarding equal pay (article L. 614-2 of the Labour Code). Regarding companies with staff of more than 15 employees, the existing staff delegation must appoint an equal opportunities officer among its ranks. The equal opportunities officer is responsible for safeguarding gender equality in the workplace in regards to access to jobs, training and promotion, and pay and working conditions (article L. 245-6 of the Labour Code).
Timeframe for Obligation:
N/A.
Penalty for Non-Compliance:
No. Yes (for discrimination) - Employee may seek legal action and receive damages.
Does the public get access to the reporting/certification/auditing/access?
No. Internal ‐ The employer must inform and consult the equal opportunities officer on the status, structure and likely changes in employment (and employment conditions) in the business. For example, the employer must share (twice a year) gender‐based statistics on recruitment, promotions, transfers, dismissals, pay and training with the staff delegation.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Gender Equality and Anti Discrimination Act.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. All employers are required to take active, targeted and systematic steps to promote equality and this includes addressing the topic of salary. All public employers and private undertakings with more than 50 employees or, for private undertakings with more than 20 employees, where employees representatives request it, are required to report extensively on actions they are taking to battle discrimination. This includes an obligation to report on salary levels and the use of part-time employees, categorized by gender. The reports, including the report on salary levels (in anonymized form), must be published in the undertaking's annual report or in another public document. The general report must be published annually and this includes a report on the actual situation with regard to gender equality in their operation. However, the specific requirement to report on salary levels and the use of part-time employees only requires reporting every second year. Employers that are covered by the legal duty to report on gender equality must report annually on the actual situation with regard to gender equality in their operation. The report must also include a description of measures that have been implemented to improve equality as well as any planned measures. The employer must include information that is designed to identify unintended and undesirable differences between men and women in the business. The employer must report on its gender ratio, preferably by percentage, in relation to both wages and employment levels. Employers who are required to report on gender equality are also under a duty to actively work to achieve gender equality, including gender pay equality.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
The Anti-Discrimination Tribunal.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
Yes. The Anti-Discrimination Tribunal has authority to enforce the legal obligation to report on gender pay. The Tribunal may order the remediation of an employer's report. In the event that the employer breaches the deadline for complying with an order, the Tribunal may make an administrative decision and impose a fine to ensure implementation of the order. The fine can take the form of a lump-sum fine or a fine which accrues daily. Non-compliance can also result in reputational risk. The following are considered serious administrative offences:
(i) failure to present an evaluation plan; (ii) non-implementation of the evaluation plan;
(iii) non-communication of the results derived from the implementation of the evaluation plan to the Authority for Working Conditions. These offences may result in fines for the employer. Complementary sanctions, (e.g. deprivation of the right to participate in public bids or tenders) may also be imposed.
Does the public get access to the reporting/certification/auditing/access?
Yes. The report must be filed, together with the annual report, at the Public Accounting Registry; this means that everyone can access it upon request. If the employer is not required by law to file its annual report, the equality report must still be made publicly available, for example on the company's website.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Government of Panama ratified ILO Convention No. 1 on Equal Remuneration on June 3, 1958, and Convention No. 111 on Discrimination (Employment and Occupation) on May 16, 1966.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Law No. 60/2018 amending Law No. 10/2001. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes, if triggered. There is no general legal duty for an employer to actively assess or report gender pay differences. However, a duty may be triggered by two circumstances: (i) a notification from the Authority for Working Conditions on remuneration differences ("evaluation plan"); (ii) following a request issued by an employee or a trade union representative to CITE (Commission for Equality in Labour and Employment), for the latter to issue an opinion on the existence of gender pay discrimination ("procedure for assessing the existence of pay discrimination"). Evaluation plan: the employer must present an evaluation plan of the remuneration differences within 120 days. Procedure for assessing the existence of pay discrimination: CITE will notify the employer to, within 30 days: 1) state its position; 2) provide information on its remuneration policy; and 3) provide information on the criteria used to calculate the remuneration of the claimant and the employees of the other gender in relation to whom the claimant considers to be discriminated against. Evaluation Plan: After the presentation of the plan, the employer has a period of 12 months to implement it, and at the end of that period the employer must communicate to the Authority for Working Conditions the results, justifying the remuneration differences that remain and showing that they corrected the differences that were proved to be unjustified. Remuneration differences that are not justified by the employer are presumed to be discriminatory. Procedure for assessing the existence of pay discrimination: After receiving the requested information from the employer, CITE will have 60 days to notify the employer, the employee and the trade union representative of its technical proposal. If the technical proposal issued by CITE considers that there are indications of discrimination, the employer will be notified to justify these indications or to present the corrective measures to be adopted within 180 days. After the 180‐day period, CITE will have 60 days to issue and notify the employer, the employee and the Authority for Working Conditions of its final opinion. Remuneration differences that are not justified by the employer are presumed to be discriminatory.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Authority for Working Conditions; Commission for Equality in Labour and Employment.
Timeframe for Obligation:
Only when triggered to report.
Penalty for Non-Compliance:
N/A.
Does the public get access to the reporting/certification/auditing/access?
Yes. The gender pay report is drafted and published by the Ministry of Labour, Solidarity and Social Security's Strategy and Planning Office with the information companies provide in the Single Report which is a general compliance obligation internally. the report only has to be provided to employee reps as part of the procedure for assessing the existence of pay discrimination.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Employment Equity Act 1998 (EEA); There is an Employment Equity Act Amendment Bill which has been tabled in Parliament but has not been passed as of yet (the bill proposes some significant amendments to the EEA which may increase the level of enforcement in that certain employers will need a certificate of compliance stating that they have complied with their obligations in terms of the EEA in order to conclude certain state contracts).
Nature of Obligation: Pay Data/Gap Reporting:
Yes. A designated employer is obliged to prepare and implement an employment equity plan setting out numerical goals and the measures that will be taken to achieve equitable representation of people from designated groups across all occupational levels. In addition, on an annual basis every designated employer is required to submit an Income Differential Statement (EEA4) to the Employment Conditions Commission setting out the total remuneration and benefits per each occupational level of the employer's workforce. This must be broken down by race and gender, but not per individual employee. The EEA4 must also include the average remuneration for the top 10% of earners, the bottom 10% of earners and the median remuneration in the organization. Where disproportionate income differentials are reflected in the statement, a designated employer must identify the reason for the differentials and take measures to progressively reduce such differentials. In addition, the EEA requires every employer (and not just designated employers) to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. No person may unfairly discriminate against an employee on any protected groups, which includes gender. Furthermore, section 6(4) of the EEA provides that a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on one of the abovementioned grounds, including gender, is unfair discrimination. A designated employer must submit an Income Differential Statement using the EEA4 form to the Employment Conditions Commission on an annual basis setting out the total remuneration and benefits per each occupational level of the employer's workforce. This must also be broken down per race and gender but it is not broken down per individual employee. The EEA4 must also include the average remuneration for the top 10% of earners, the bottom 10% of earners and the median remuneration in the organization. A designated employer must also have an employment equity plan in place and on file and submit an EEA2 form to the Department of Employment and Labor on an annual basis setting out the demographics of the workforce and the numerical goals of the organization to achieve employment equity in the workplace.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
N/A.
Timeframe for Obligation:
N/A.
Penalty for Non-Compliance:
Yes. In the event of disproportionate income differentials or unfair discrimination a designated employer must take measures to progressively reduce such differentials subject to guidance by the Minister, such as collective bargaining, or applying norms and benchmarks set by the Employment Conditions Commission. This should also be addressed in the employment equity plan. Furthermore, if the employer does not take steps to close the gap then there may be a risk of employees instituting an equal pay for work of equal value claim in terms of section 6(4) of the EEA if the employee can demonstrate that the reason for the unequal pay is unfair discrimination on the basis of the grounds listed in the EEA or any other arbitrary ground. The government does not typically take action if pay equity is not achieved but this may change over time, particularly as there are proposals that a designated employer would only get a certificate of compliance if it complies fully with employment equity laws. Given the fact that there are no quotas, there are currently no fines/ penalties if a "designated employer" does not achieve the numerical goals and targets set out in its employment equity plan. However, fines/sanctions may be imposed if a "designated employer" does not have an employment equity plan in place and/or does not submit its employment equity reports each year. The maximum fines/sanctions that may be imposed increase depending on whether or not there have been previous contraventions by the employer and in certain instances are turnover related. In the case of a failure by a "designated employer" to have an employment equity plan or to submit employment equity reports the maximum fine for a first offense is the greater of ZAR1,500,000 or 2% of the employer's turnover. Depending on whether there are multiple offenses, this can increase to the greater of ZAR2,700,000 or 10% of the employer's turnover. For other contraventions of the EEA the maximum fine is currently ZAR2,700,000. There is also a risk of employees instituting claims against the employer for equal pay for work of equal value or on the basis of unfair discrimination on one of the listed grounds. The court has wide ranging powers and may make any order that is just and equitable in the circumstances, including the award of compensation or uncapped damages.
Does the public get access to the reporting/certification/auditing/access?
No. The Income Differential Statement does not have to be published. Every designated employer is required to submit an Income Differential Statement (EEA4) to the Employment Conditions Commission setting out the remuneration and benefits per each occupational level of the employer's workforce. This must also be broken down per race and gender. The EEA 2 form (but not the Income Differential Statement reflected in the EEA4 form) that is submitted to the Department of Labour is a public document and a copy may be requested by a member of the public by completing and submitting the required forms. The Regulations to the EEA provide that the EEA2 form is a public document and a copy may be requested by the public by submitting the required form to the department of Labour. It expressly excludes the Income Differential Statement (EEA4) from this provision. Section 27 of the EEA provides that the Employment Conditions Commission may not disclose any information pertaining to individual employees and employers, but parties to a collective bargaining process may request information in the Income Differential Statement for collective bargaining purposes.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Royal Decrees eff. 2019; Royal Decree 901/2020 of 14 Oct 2020; Royal Decree 902/2020.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Develop and release gender equality plans which include pay equity audits. Since March 2019, employers have been required to keep a register of their employees' salaries, broken down by a number of categories including sex and professional group. The register must include the average salary and salary supplements, plus non‐salary items. Employers with at least 50 employees must provide an explanation in the salary register if any wage paid to one gender is 25% higher than that paid to the opposite gender and also provide evidence that it does not relate to reasons relating to sex. The Workers' Statute also states that employers must pay an equal salary for the rendering of equal services without differences based on gender (or any other discriminatory grounds). Any discrimination in employment conditions (including pay and application of the salary registry) may be sanctioned with an administrative fine up to EUR187,515. Additionally, Royal Decree 902/2020 has established an obligation for certain companies (those obliged to execute an Equality Plan, which affects employers with 50 or more employees), to carry out a remuneration audit that is part of the mandatory content of the Equality Plan. If the registry shows a difference of over 25% in the mean salary between men and women, companies are obliged to provide in the salary registry the grounds for this difference (that should not be related to the employee's sex). Royal Decree 901/2020 has further developed the regulation and development of Equality Plans within companies. Amongst other things, the Equality Plan must include information on remuneration (the remuneration audit), and it must be registered in a newly created Registry of Equality Plans. Failure to draw up an Equality Plan is a serious administrative offense with penalties for non-compliance ranging between EUR626 - 6,250 and may even prevent access to tenders with the Public Administration. Other sanctions such as loss of Social Security discounts or bonifications may also apply. Although companies with over 50 employees are obliged to produce an Equality Plan, companies with between 50 and 100 employees have until March 2022 to comply with this obligation. For those companies with an Equality Plan in force it is mandatory to adapt it to the new regulations by March 2022.
Nature of Obligation: Pay Equity Auditing:
Yes.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
The Labor Inspectorate.
Timeframe for Obligation:
Anytime, but max four years.
Penalty for Non-Compliance:
Yes. Non-compliance may lead to fines as well as legal action by affected employee(s). Non-compliance with the salary registry or discrimination derived from not applying equal working conditions can result in the imposition of administrative fines of up to EUR187,515 in the worst case scenario.
Does the public get access to the reporting/certification/auditing/access?
Yes, Equality Plans once completed must be publicly registered for public access and made available for the employee representatives and the Labour Inspectorate. The remuneration audit must be included in the Equality Plan for companies obliged to have one. The information contained in the salary registry is available for the employee representatives and employees can access that information through their representatives. If there are no employee representatives within the company, the employees are entitled to be provided with information related to the salary registry but limited to the average differences in percentages between women and men.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Greater than 10 employees
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Swedish Discrimination Act. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Under these rules, employers with at least 10 employees are obliged to conduct an annual review of their applied practice in relation to salary and other employment conditions. The result of this review must be presented in writing and analyzed with regards to e.g. existing salary differences between men and women who are performing the same or equivalent work or with regards to professions that are typically dominated by women. Using this analysis, the employer must then assess whether existing salary differences have a direct or indirect connection to gender. Examples of practical issues that follow from this kind of regulation could be difficulties in identifying types of work that are comparable and assessing whether a certain profession is to be deemed to be dominated by women. However, the main practical issue in Sweden with respect to these rules is that there is a wide‐spread lack of awareness amongst employers in general about their obligations in this regard. If the pay gap cannot be reasonably explained by other reasons, such as education and skills for instance, the employer is under an obligation to close the gap.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
N/A.
Timeframe for Obligation:
Annual.
Penalty for Non-Compliance:
The relevant authorities - The Equal Opportunities Ombudsman - (Sw; Diskrimineringsombudsmannen) may conduct inspections and decide on liquidated damages and fines.
Does the public get access to the reporting/certification/auditing/access?
No. But the local union rep will have access to the report.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Amendments to Equality Act, eff. July 1, 2020.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Conduct an internal gender pay gap analysis. The results must be verified by an independent body and communicated to the employees and shareholders (if a listed company). If the analysis shows that pay equality has been maintained no further analysis is necessary. Otherwise, it must be repeated every four years.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Cantonal Courts.
Timeframe for Obligation:
Every four years.
Penalty for Non-Compliance:
No.
Does the public get access to the reporting/certification/auditing/access?
No.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender (considering expanding to include race and ethnicity based pay gaps)
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equality Act 2010 Sections 65 Equal Pay for Equal Work, and 78 Gender Pay Gap Reporting.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Annual pay gap report must be produced, signed by a director (or equivalent) of the entity, published on their UK website and reported to the government (on the 5th of April ). The report must show:
1) overall mean gender pay gap for full-pay employees;
2) overall median gender pay gap for full-pay employees;
3) mean bonus pay gender gap over past 12 months;
4) median bonus gender gap over past 12 months;
5) proportion of male and female employees who receive bonus;
6) proportions of male and female full-pay employees in each pay quartile band.
No data on actual individual pay rates is required to be disclosed - just the percentage differences/ratios. If a pay gap is identified, there is no duty to take steps to close the gap.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No. Maybe in the near future.
Enforcement Body:
Equality and Human Rights Commission (EHRC).
Timeframe for Obligation:
Annually.
Penalty for Non-Compliance:
No. There are no provisions for legal sanctions/fines in the legislation itself, but the Equality and Human Rights Commission (EHRC) considers it has the power to take enforcement action on the basis that a failure to comply would be an 'unlawful act' under the Equality Act 2010. The EHRC has published its enforcement strategy which comprises writing to the employer in the first instance, followed by an investigation and ultimately the issuing of an unlawful act notice and the application for a court order in the event of continuous non-compliance. The EHRC has written to a number of employers about failures to report and has previously commenced investigations into non-compliant organizations. Reporting obligations suspended in 2020 due to pandemic. In 2021 given six months extension to file no later than October 5, 2021.
Does the public get access to the reporting/certification/auditing/access?
Yes. Must publish a report on the company's UK website and the employer must retain the information online for three years. It must also be published on the Government website, with the name of the director. Internally, no obligation to give reports to employees or reps is required unless under separate duty in a collective agreement.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Labor Act 2017, Section 7: Equal Pay for Equal Value or Equal Work.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
General Labor Law of 1981, article 3. "All citizens have the right to work freely chosen, with equal opportunities and no discrimination based on race, color, sex, ethnic origin, marital status, religious or political ideal social, trade union membership or language".
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Constitution of Afghanistan (1964) granted women equal rights; and Afghanistan Labor Code, article 9 guarantees no discrimination in recruiting a person or paying their salaries. Nothing further on pay equity.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Act 90-11 of 21 April 1990. The Act also provides for wage and salary equality by stipulating that men and women shall receive equal pay for equal levels of qualification and performance. Act 90-11 reaffirms the basic rights of workers (the right to collective bargaining, social security, retirement, hygiene, safety and health in the workplace, rest time, the right to strike, etc.).
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Bangladesh Labour Act, 2006: "the principle of equal wages for male and female workers for work of equal nature or value."
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender, Sex, Age, Status and Faith
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Code du Travail, Art. 208; Also Benin has ratified ILO Convention 100 (1952) is about Equal Remuneration for Work of Equal Value.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Law No. 92/007 of 14 August 1992, Section 63.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Age, sex, origin
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution of the Kingdom of Cambodia, §36 & 45; §106 of the Labour Law: essentially equal pay for equal work.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Origin, sex, nationality, age
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Labour Code, section 246. Law No. 38/PR/96 of December 11, 1996.
Pay equity statutes
Law Citation for Pay Equity Auditing/Diversity/Reporting:
The Equal Pay Law (2009).
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Const. of the People's Rep. of China §48.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
gender, race, nationality, religion, opinion or political affiliation
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Act No. 1496 of 29 December 2011.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
gender, age, nationality, race, religion, politics, social origin, membership or non-membership in trade union
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Labor Code, Art. 31.2.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Remuneration Convention, 1951 (No. 1): equal remuneration for men and women workers for work of equal value, ratified by CR in 1960. Costa Rica’s constitution also prohibits pay discrimination.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution, Art. 43.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution, Art. 14.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution (2015), Section 62(9); Labour Code (1992), Section 194.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Ecuador Constitution (2008), Art 326(4).
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Egypt Constitution (2014), Art. 53; Egyptian Labor Code, Art. 35.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution(1994) Art. 35 Labour Proclamation No. 1156/2019.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
§24(1) of the Constitution of Ghana 1992; §68 of the Labour Act, 2003 (Act 651).
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Origin, sex, age
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Loi L/2014/072/CNT du 10 Janvier 2014, Article 241.2.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Constitution of Jordan Section 23(2)(a); Labor Law Arts. 2 and 53; Amended Jordanian Labor Law No. (14) of 2019.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Law of the Republic of Kazakhstan on the state guarantees of the equal rights and equal opportunities of men and women (December 8, 2009) No. 223-IV-ZRK.
Article 1 (2) The law provides for men and women to have equal rights and equal opportunities and real access to participation in political, economic, social, public and cultural spheres of life.
Article 10 the equal rights and equal opportunities in the sphere of employment relationships are guaranteed to men and women including; in the case of execution of an employment agreement; equal access to vacant workplaces; in questions of advanced training, retraining and job development. General, industry (tariff), regional agreements and collective agreements can include the provisions providing (1) the equal rights and equal opportunities of men and women in the labor market, (2) the equal rights and equal opportunities of men and women on salary, (3) the measures directed to improvement of the situation of persons with family obligations, (4) equal conditions when completing personnel in the organization and its structural divisions. of men and women in the sphere of employment relationships.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV statue
Law Citation for Pay Equity Auditing/Diversity/Reporting:
§ 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
N/A
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Malaysia ratified this convention in August 1995 (OHCHR, 222).
The Equal Remuneration Convention (No. 1), ratified in 1997.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Nature of Obligation: Pay Data/Gap Reporting:
Future Possibilities - The Sex Discrimination Ordinance ("SDO") provides that a woman should not be treated less favorably than a man on grounds of her sex under comparable circumstances in the terms and conditions of employment. Although no specific provision is written in the SDO, the Hong Kong Equal Opportunities Commission ("EOC") has issued a non-binding guide on equal pay ("Equal Pay Guide") specifying that the objective to enforce pay equity between men and women under the SDO is clear.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
In General ‐ The Hungarian Labour Code requires that employers adhere to the general principle of equal remuneration for equal duties which applies to every employee. No gap should exist, unless justified by reasons connected to the work performance/job duties/seniority/ liability etc.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
All employees must receive equal pay for work of equal value. Equal Treatment of Men and Women Act, Section 2, Articles 7-12 Dutch Civil Code, Employment Agreements/Equal Treatment, Articles 7:646, 7:648, 7:649, Employers may not discriminate between men and women when entering into an employment agreement, nor when providing training for employees, determining the terms and conditions of employment, deciding on promotion, or terminating an employment agreement. It is unlawful to discriminate in or with regard to job advertisements, recruitment activities and other working conditions. Equal Treatment Act, Section 5. Discrimination on the grounds of religion, belief, political opinion, race or sex or any other grounds whatsoever is prohibited, Constitution, Article 1.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Russia
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Russia ratified the ILO Equal Remuneration Convention, 1951 (No. 100), in 1956, the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in 1961, and Convention on the Elimination of All Forms of Discrimination against Women in 1981.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Nature of Obligation: Pay Data/Gap Reporting:
Future Possibilities - "Conversations on Women Development" aim of identifying and tackling issues concerning women is a movement toward greater gender equality.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Nature of Obligation: Pay Data/Gap Reporting:
In General - The Federal UAE Labour Law of 1980 ("Labour Law") states that where a woman is performing work of an 'equal value' to that performed by a male counterpart she should receive the same remuneration; however employers' compliance with this provision is not monitored. In the future it is possible that there could be legislative amendments in relation to gender equality.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender and sexual orientation
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Article 10 of the Act of Gender Equality in Employment (AGEE) and Article 25 of the Labor Standards Act (LSA).
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Gender, age, ethnicity
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Employment Act Section 6, all workers must receive equal pay for the work they do regardless of age, gender, or ethnicity. The Constitution of Uganda, 1995, makes equal pay compulsory for any kind of work performed by an employee.
Pay equity statutes
Employee Size Threshold?
Who is Protected?
N/A
Race, color, gender, marital status, belief, political opinion, trade union membership, nationality, social descent
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Article 33 of Constitution; citizens shall be equal in rights and duties without discrimination among them on grounds of sex, origin, language, religion or creed.
Article 75 of Labor Law: employers shall apply the principle of equal pay for work of equal value to all workers, without any discrimination on the basis of race, color, gender, marital status, belief, political opinion, trade union membership, nationality, or social descent. Work of equal value means work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men" of January 7, 2018 No. 2866-IV.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Equal Treatment Act amended March 2011. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. Reporting requirement every two years showing gender pay differences including the following information:
- number of male and female employees and their positions in salary schemes according to collective bargaining agreements or internal salary schemes and their seniority;
- average or median male vs. female salary; and
- total remuneration including benefits, payments in kind, special payments (Christmas and vacation pay) and other forms of payment. The remuneration of part-time employees is based on full-time employment and the remuneration of non-full-year employees (e.g. on maternity leave) is based on an annual salary. The report must be prepared in an anonymous form (i.e. without names, personal numbers, etc.). It must also not allow any conclusions to be drawn about individuals. If a pay gap is identified, there is no duty to take steps to close the gap.
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Labour Court.
Timeframe for Obligation:
Every two years.
Penalty for Non-Compliance:
Yes. The works council or individual employees may bring a claim to the Labour Court within three years relating to the provision of the report. Employee representatives and individual employees are obliged to keep the report confidential. If an employee breaches the duty of confidentiality, the employee can be fined (up to EUR360).
Does the public get access to the reporting/certification/auditing/access?
No. Internally ‐ Report has to be published to the employees' representation body or, if none, by presenting it in a room easily accessible to employees followed by a notice containing information on where to find the report.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Pay Gap Law of 11 April 2022; Royal Decree of 25 April 2014. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
Yes. 50+: An analysis report on the salary structures of employees every two years. This analysis report should enable an assessment to be made as to whether the company has a gender neutral remuneration policy. The analytical report should be drafted on the basis of the forms included in the Royal Decree of 25 April 2014. When employer has more than 100 employees, a comprehensive report must issue, in line with a template provided by the labor authorities. (When the employer has between 50 and 100 workers, a more concise report must be issued, in line with a template provided by the labor authorities). Once the analytical report has been drafted and communicated to the works council (or in absence thereof, with the trade union delegation), it is up to the works council to decide whether or not it is appropriate to draft an action plan for ensuring a remuneration structure independent of gender. In companies who have to draft an analytical report but do not have a works council, this decision should be taken by the union delegation in consultation with the employer. (Do not address the course of action if union delegation and the employer disagree).
Nature of Obligation: Pay Equity Auditing:
No.
Nature of Obligation: Pay Equity Certification:
No.
Nature of Obligation: Diversity Requirement:
No.
Enforcement Body:
Labour Court.
Timeframe for Obligation:
Every two years.
Penalty for Non-Compliance:
Yes. An employer who fails to draft the required analytical report, can be imposed with a sanction level 2 under the Social Criminal Code (i.e. a fine of up to EUR4.000), to be multiplied by the number of workers involved (subject to a cap of 100 workers). The same sanction can be imposed on a member of the works council or union delegation who illegally discloses the content of the analytical report outside the company.
Does the public get access to the reporting/certification/auditing/access?
No. Internally ‐ Report has to be communicated and discussed with the works council, or if none, with the trade union delegation.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Law on Protection Against Discrimination Article 14: The employer shall ensure equal remuneration for equal or equivalent work. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
Future Possibilities ‐ State Labour Inspection adopted action plan 2021 with intention to take targeted action to decrease the gender pay gap (will conduct at least 48 inspections in 2021). In addition, the "22 Percent to Equality Project," a five year project of the Ministry of Labour and Social Affairs, will focus on solving the problem of unequal pay for women and men.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Gender Equality Act, Sections 5 and 6, (May 1, 2004), prohibits direct and indirect discrimination based on sex, including giving orders therefore. The activities of an employer shall be deemed to be discriminatory if the employer establishes conditions for remuneration, or conditions for the provision and receipt of benefits, related to the employment relationship which are less favorable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work of equal value.
Equal Treatment Act, Section 2, as amended, (January 1, 2009), ensures the protection of persons against discrimination on grounds of nationality (ethnic origin), race, color, religion or other beliefs, age, disability, or sexual orientation. The Act does not protect against discrimination based on gender. It prohibits discrimination against such protected classes for entry into employment contracts, establishment of working conditions, and remuneration.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
None. Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
In General ‐ Employers are required to observe a general statutory rule of equal treatment, obliging them to grant equal pay to employees performing the same work or work of equal value. However, there are no specific tools allowing the Polish authorities to monitor gender pay differences. In general, employees whose terms of remuneration have been established to be in breach of the equal treatment rule are entitled to demand compensation from their employer. The compensation cannot be lower than the statutory Polish minimum wage (in 2021 PLN2800) but the law does not specify the maximum amount of compensation. The Supreme Court has confirmed that the compensation should be proportionate to the employer's breach as well as acting as a deterrent. In practice, the affected employee may demand the difference between their current remuneration and the remuneration received by employees in comparable positions. In addition, a labour court can decide on the level of remuneration applicable to the employee in the future. Moreover, the Polish government has prepared a draft amendment to the Labour Code which, in the definition of mobbing, adds the issue of the gender gap. As of February 2021, the bill is in Parliament. At this stage it is difficult to estimate when it will come into force.
Pay Equity statutes
Employee Size Threshold?
Who is Protected?
Gender
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Labor Code, Article 14. All employees shall be granted the equal salary for the same work or the work of same value performed for the employer.
Gender Equality Act Article 17, Equal Pay for Equal Work or Work of Equal Value. Irrespective of their sex, employees shall exercise the right to equal pay for equal work or work of equal value with the employer, in compliance with the law regulating labor. Employers who breach equal pay provisions will be subject to fines.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
311 Law of July 2, 2001, Labor Code Article 6, women and men have the right to equal treatment as regards to access to employment, pay and promotion, vocational training and working conditions. Pregnant women, mothers until the end of the ninth month after childbirth and women who are breastfeeding shall be provided with working conditions that protect their biological state in relation to pregnancy, the birth of a child, the care of a child after childbirth and their special relationship with the child after birth. Women and men are provided with working conditions that enable them to perform a social function in bringing up and caring for children.
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Data/Gap Reporting:
See General EU obligations under the CSRD.
Law Citation for Pay Equity Auditing/Diversity/Reporting:
Expected to pass implementing legislation for the CSRD in 2023.
Nature of Obligation: Pay Equity Auditing:
See General EU obligations under the CSRD.
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