Pay Equity Requirements
An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex or race for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. A wage differential is permitted where made pursuant to any of the following:
Ala. Code § 25-1-30.
Salary History Restrictions
An employer cannot refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. "Wage history" means the wages paid to an applicant by the applicant's current or former employer.
Ala. Code § 25-1-30.
Last updated May 2023
The Alaska Human Rights Law prohibits:
The Act does not specify any exceptions to the rule.
Alaska Stat. § 18.80.220.
An employer cannot pay any employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work.
Ariz. Rev. Stat. § 23-341.
The statute does not prohibit a variation in rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith.
Ariz. Rev. Stat. § 23-341.
An employer is required to pay employees equal compensation for equal service, and is prohibited from discriminating against any employee in the matter of wages or compensation solely on the basis of sex.
Ark. Code § 11-4-601.
An employer is further prohibited from discriminating in the payment of wages “as between the sexes” and from paying any female employee a salary or wage rate less than the rate paid to male employees for comparable work.
Ark. Code § 11-4-610.
The statute does not prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of the day worked, or any other reasonable differentiation except difference in sex.
Ark. Code § 11-4-610.
Pay Equity Requirements
The California Equal Pay Act prohibits an employer from paying an employee at a wage rate less than the rate paid to employees of the opposite sex or of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. The Equal Pay Act does not cover individuals employed as outside salespeople.
Wage differentials are permitted if the employer demonstrates that:
However, this defense does not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.
An applicant's or employee's prior salary does not justify any disparity in compensation. However, this provision cannot be interpreted to mean that an employer may not make a compensation decision based on a current employee’s existing salary, so long as any wage differential resulting from that compensation decision is justified by one or more of the factors identified above.
Cal. Lab. Code § 1197.5.
Pay Transparency
An employer, upon reasonable request, must provide the pay scale for a position to an applicant applying for employment. All employers must provide a pay scale for a current employee's current job position upon the employee's request. In addition, employers of 15 or more employees must include the pay scale for a position in any job posting. If the employer uses a third party to announce, post, publish, or otherwise make known a job posting, the employer must provide the pay scale to the third party and the third party must include the pay scale in the job posting.
“Pay scale” means the salary or hourly wage range that the employer reasonably expects to pay for the position. An employer who intends to pay a set hourly amount or a set piece rate amount, and not a pay range, may provide that set hourly rate or set piece rate. If the position’s hourly or salary wage is based on a piece rate or commission, then the piece rate or commission range the employer reasonably expects to pay for the position must be included in the job posting. Bonuses, tips, or other benefits are not required to be included in the job posting - any compensation or tangible benefits provided in addition to a salary or hourly wage are not required to be posted.
Cal. Lab. Code § 432.3.
Salary History Restrictions
An employer cannot:
The statute does not prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer. In addition, if an applicant voluntarily and without prompting discloses salary history information to a prospective employer, the statute does not prohibit the employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant. Consistent with the California Equal Pay Act, however, nothing in the statute may be construed to allow prior salary to justify any disparity in compensation.
The statute does not apply to salary history information disclosable to the public pursuant to federal or state law, including the California Public Records Act or the federal Freedom of Information Act.
An employer is not prohibited from asking an applicant about his or her salary expectation for the position being applied for. “Applicant” or “applicant for employment” means an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position.
Cal. Lab. Code § 432.3.
Local Laws
The San Francisco Parity in Pay Ordinance limits an employer’s ability to inquire into or consider a job applicant’s wage or salary history. For further details, please see San Francisco Police Code §§ 3300J.3, 3300J.4.
Last updated May 2023
Pay Equity Requirements
The Colorado Equal Pay for Equal Work Act prohibits an employer from discriminating between employees on the basis of sex, or on the basis of sex in combination with another protected class, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, regardless of job title, based on a composite of skill; effort, which may include consideration of shift work; and responsibility, except where the employer demonstrates each of the following:
Colo. Rev. Stat. § 8-5-102.
Pay Transparency
An employer must disclose to applicants the following information in each posting for each job opening:
A posted compensation range may extend from the lowest to the highest pay the employer in good faith believes it might pay for the particular job, depending on the circumstances. An employer may ultimately pay more or less than the posted range, if the posted range was the employer’s good-faith and reasonable estimate of the range of possible compensation at the time of the posting.
The compensation posting requirements do not apply to either (1) jobs to be performed entirely outside Colorado, or (2) postings entirely outside Colorado.
An employer must make reasonable efforts to announce, post, or otherwise make known all opportunities for promotion to all current employees on the same calendar day and prior to making a promotion decision. Employers must notify all employees of all promotional opportunities, and may not limit notice to those employees it deems qualified for the position, but may state that applications are open to only those with certain qualifications, and may screen or reject candidates based on those qualifications. No promotion posting to other employees is required:
A communication making a promotional opportunity known must be in writing and include at least the job title, a description of the compensation and benefits, and the means by which employees may apply for the position. An employer makes “reasonable efforts” with any method(s) by which all employees can access within their regular workplace, either online or in hard copy, and the employees are told where to find required postings or announcements.
Colo. Rev. Stat. §§ 8-5-201 - 85-5-202; 7 Colo. Code. Regs. 1103-13, §§ 4.1 - 4.2.
Effective January 1, 2024, the provisions requiring an employer to notify current employees of promotional opportunities will be modified as follows. An employer must make reasonable efforts to announce, post, or otherwise make known each job opportunity (not just promotional opportunities) to all employees on the same calendar day and prior to the date on which the employer makes a selection decision for the job. If the employer is only physically located outside of Colorado and has fewer than 15 employees working in Colorado, all of whom work remotely, the employer is required only to provide notice of remote job opportunities through July 1, 2029. The employer must disclose in good faith the following information in each notification of a job opportunity:
Within 30 calendar days of the date the selected candidate for a job opportunity begins working in the position, the employer must make reasonable efforts to announce, post, or otherwise make known the following information to, at minimum, the employees with whom the selected candidate will regularly work:
For positions with career progression, the employer must also disclose the requirements for career progression and each positions terms of compensation, benefits, full-time or part-time status, job duties, and access to further advancement.
An employer is not required to identify a selected candidate for a job opportunity in any manner that violates the candidate's privacy rights under local, state, and federal law or in a manner that would put the candidate's health or safety at risk.
Salary History Restrictions
The Equal Pay for Equal Work Act also prohibits an employer from:
Colo. Rev. Stat. § 8-5-102.
Last updated June 2023
Pay Equity Requirements
An employer is prohibited from discriminating in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex constitutes discrimination within the meaning of the statute.
An employee can demonstrate that the employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for comparable work on a job, when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. The employer must then show that differential in pay is made pursuant to:
The bona fide factor defense applies only if the employer demonstrates that the factor is not based upon or derived from a sex-based differential in compensation, and is job-related and consistent with business necessity. The defense is inapplicable where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing a pay differential and that the employer has refused to adopt such alternative practice.
Any agreement to work for less than the wage to which an employee is entitled cannot serve as a defense to an equal pay violation claim.
Conn. Gen. Stat. §§ 31-75, 31-76.
Pay Transparency
An employer cannot:
Conn. Gen. Stat. § 31-40z.
Salary History Restrictions
An employer cannot inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information. "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation.
The restriction does not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. The statute also does not prohibit an employer from inquiring about other elements of a prospective employee's compensation structure, as long as the employer does not inquire about the value of the elements of the compensation structure.
Conn. Gen. Stat. § 31-40z(b)(5).
Last updated May 2023
Pay Equity Requirements
An employer cannot pay an employee at a wage rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work for a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions. A wage differential is permitted if based on:
An employer that is paying a wage rate differential in violation of the statute cannot reduce the wage rate of any employee to comply with the statute.
Del. Code Ann. tit. 19, § 1107A.
Salary History Restrictions
It is an unlawful employment practice for an employer to:
An employer is not prohibited from discussing and negotiating compensation expectations with an applicant, provided that the employer or agent does not request or require the applicant’s compensation history. An employer may also seek the applicant’s compensation history after an offer of employment that includes terms of compensation has been extended to the applicant and accepted, for the sole purpose of confirming the applicant’s compensation history.
Del. Code Ann. tit. 19, § 709B.
Last updated May 2023
The District of Columbia Human Rights Act makes it unlawful for an employer to discriminate against any individual with respect to the individual’s compensation on the basis of a protected classification.
D.C. Code § 2-1402.11(a).
The statute does not specify any exceptions to the rule.
Employers of 2 or more employees are prohibited from discriminating on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
Fla. Stat. § 448.07.
Differences in wage rate are permitted where pursuant to:
Fla. Stat. § 448.07.
Florida contract law prohibits a person from discriminating against any person based on sex, marital status, or race in the areas of loaning money, granting credit, or providing equal pay for equal services performed.
Fla. Stat. § 725.07.
Employers of 10 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions.
Ga. Code Ann. §§ 34-5-2, 34-5-3.
Wage differentials may be permitted where made pursuant to:
An employer paying a wage rate differential in violation of the statute cannot, in order to comply with the statute, reduce the wage rate of any employee.
Ga. Code Ann. § 34-5-3.
Pay Equity Requirements
Effective through December 31, 2023:
An employer cannot discriminate between employees in the same establishment because of sex by paying wages at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Wage differentials are permissible if resulting from:
Haw. Rev. Stat. § 378-2.3(a).
Hawaii’s wage and hour statute also prohibits all employers from discriminating in any way in the payment of wages on the basis of race, religion, or sex. The law does not prohibit variation in wage rates for employees engaged in the same classification of work based upon:
Haw. Rev. Stat. § 387-4.
Effective January 1, 2024:
Employers of 1 or more employees cannot discriminate between employees in the same establishment because of an employee's protected classification (race, color, ancestry, sex, gender identity or expression, sexual orientation, age, religion, disability, marital status, criminal history, reproductive health decisions, domestic violence victim status) by paying wages at a rate less than the rate at which the employer pays wages to other employees for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions.
Haw. Rev. Stat. §§ 378-1, 378-2.3(a).
Wage differentials are permissible if resulting from:
Haw. Rev. Stat. § 378-2.3(a); Hawaii SB 1057 (2023).
Pay Transparency (effective January 1, 2024)
Job listings must disclose an hourly rate or salary range that reasonably reflects the actual expected compensation. This requirement does not apply to job listings for:
Hawaii SB 1057 (2023).
Salary History Restrictions
An employer is prohibited from:
"Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but does not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. "Inquire" means to:
Without inquiring about salary history, an employer may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation. An employer may inform an applicant, in writing or otherwise, about the proposed or anticipated salary or salary range for the position. If an applicant voluntarily and without prompting discloses his or her salary history, the employer may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history.
The restrictions do not apply:
Haw. Rev. Stat. § 378-2.4.
Last updated July 2023
All employers are prohibited from discriminating among employees in the same establishment on the basis of sex by paying wages to any employee in any occupation at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.
Idaho Code Ann. §§ 44-1701, 44-1702.
Differentials based on established seniority systems or merit increase systems that do not discriminate on the basis of sex are permitted.
Idaho Code Ann. § 44-1702.
Pay Equity Requirements
The Illinois Equal Pay Act prohibits an employer from discriminating on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions.
The Act also prohibits an employer from discriminating between employees by paying wages to an African-American employee at a lower wage rate than that paid to non-African-American employees for the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions.
A wage differential is permitted where the payment is made under:
"Any other factor" means a factor that:
An employer paying wages in violation of the Act may not reduce the wages of any other employee in order to comply with the Act.
The Act does not require an employer to pay an employee at a workplace in a particular county wages that are equal to the wages paid by that employer at a workplace in another county to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
820 Ill. Comp. Stat. 112/10.
Additional equal pay requirements also apply to day and temporary labor service agencies under the Day and Temporary Labor Services Act. See 820 Ill. Comp. Stat. 175/42.
Pay Transparency
Effective January 1, 2025, it is unlawful for an employer with 15 or more employees to fail to include the pay scale and benefits for a position in any specific job posting. The inclusion of a hyperlink to a publicly viewable webpage that includes the pay scale and benefits satisfies the requirements for inclusion of the pay scale and benefits. An employer or employment agency must disclose to an applicant for employment the pay scale and benefits to be offered for the position prior to any offer or discussion of compensation and at the applicant's request, if a public or internal posting for the job, promotion, transfer, or other employment opportunity has not been made available to the applicant.
If an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer must provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party must include the pay scale and benefits, or the hyperlink, in the job posting.
An employer must announce, post, or otherwise make known all opportunities for promotion to all current employees no later than 14 calendar days after the employer makes an external job posting for the position. An employer is not required to make a job posting.
The pay scale and benefits disclosure requirement only applies to positions that:
820 Ill. Comp. Stat. 112/10(b-25).
Salary History Restrictions
The Illinois Equal Pay Act makes it unlawful for an employer to:
It is also unlawful for an employer to seek an applicant's wage or salary history, including benefits or other compensation, from any current or former employer. This prohibition does not apply if:
The Act does not prohibit an employer from providing information about the wages, benefits, compensation, or salary offered in relation to a position, or engaging in discussions with an applicant for about the applicant's expectations with respect to wage or salary, benefits, and other compensation.
An employer is not in violation of the Act if a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation.
820 Ill. Comp. Stat. 112/10(b-5), (b-10), (b-15), (b-20).
Local Laws
In addition to the statewide pay equity provisions, the Chicago Human Rights Ordinance prohibits employers from discriminating among employees based upon membership in a protected class in negotiating or establishing wages, benefits or other compensation. For further details, please see Chicago Muni. Code § 2-160-030; Chicago Rules Implementing the Chicago Human Rights Ordinance, Chicago Fair Housing Ordinance, and the Commission on Human Relations' Enabling Ordinance § 325.100.
Last updated October 2023
The Indiana minimum wage statute prohibits non-FLSA-covered employers from discriminating between employees within any establishment on the basis of sex by paying an employee a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
The Iowa Civil Rights Law makes it an unfair or discriminatory practice for an employer of 4 or more employees to discriminate against an employee on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
A pay differential may be permissible if:
An employer paying wages to an employee at a rate less than the rate paid to other employees in violation of the statute cannot remedy the violation by reducing the wage rate of any employee.
Iowa Code § 216.6A.
The Kansas Minimum Wage and Maximum Hours Law prohibits non-FLSA-covered employers from discriminating between employees within any establishment on the basis of sex by paying wages at a rate less than the rate of wages paid to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
Kan. Stat. § 44-1205.
Employers of 2 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.
The prohibition does not apply to wage differentials paid pursuant to established seniority systems or merit increase systems and that do not discriminate on the basis of sex.
An employer paying a wage differential in violation of the equal pay provisions cannot reduce the wage rate of any employee in order to comply with the statute.
Ky. Rev. Stat. §§ 337.420, 337.423.
It is unlawful discrimination for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. It is not unlawful for an employer to apply different standards of compensation pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or any other differential based on any factor other than sex, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin.
An employer paying wages in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute.
La. Rev. Stat. § 23:332.
Pay Equity Requirements
An employer is prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.
Differentials are permissible if paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex.
Effective September 19, 2023, an employer also cannot discriminate in the payment of wages based on race.
Me. Stat. tit. 26, § 628.
Salary History Restrictions
An employer may not use or inquire about a prospective employee's compensation history from the prospective employee or a current or former employer of the prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. After the employer makes such an offer of employment, the employer may inquire about or confirm the prospective employee's compensation history.
If an employee or prospective employee has voluntarily disclosed compensation history information, without prompting by the employer, the employer may seek to confirm or permit a prospective employee to verify the information prior to an offer of employment.
The prohibition on compensation history inquiries does not apply to an employer that inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes.
Me. Stat. tit. 5, § 4577; Me. Stat. tit. 26, § 628-A.
Last updated May 2023
Pay Equity Requirements
An employer may not discriminate between employees in any occupation by:
An employee is considered to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county.
The statute does not prohibit a variation in a wage that is based on:
An employer paying a wage in violation of the statute may not reduce another employee’s wage to comply with the statute.
Md. Code Ann., Lab. & Empl. § 3-304.
Pay Transparency
Upon request, an employer must provide an applicant with the wage range for the job for which the applicant applied. An employer cannot refuse to interview, hire or employ, or otherwise retaliate against an applicant because the applicant requested the wage range for the position sought.
Md. Code Ann., Lab. & Empl. § 3-304.2.
Salary History Restrictions
An employer cannot:
An applicant is not prohibited from providing their wage history to an employer voluntarily. If the applicant voluntarily provides a wage history, the employer – after making an initial offer of employment along with a compensation offer to the applicant – may rely on or seek to confirm the applicant’s wage history to support a wage offer higher than the offer the employer originally extended, but only if the higher compensation offer would not create an unlawful pay differential based on a protected characteristic.
Md. Code Ann., Lab. & Empl. § 3-304.2.
Last updated May 2023
Pay Equity Requirements
The Massachusetts Act to Establish Pay Equity prohibits an employer from discriminating on the basis of gender in the payment of wages, or from paying an employee a salary or wage rate less than the rates paid to employees of a different gender for comparable work. Variations in wages are not prohibited if based upon:
Different geographic work locations may constitute a valid reason for variations in pay for comparable work when the locations correspond with different costs of living or differences in the relevant labor market from one geographic location to another.
An employer that completes a good-faith self-evaluation of its pay practices within three years of a previous claim for equal pay violations, and can demonstrate that reasonable progress has been made towards eliminating compensation differentials based on gender, has an affirmative defense to liability for an equal pay violation. Relevant factors include whether the evaluation includes a reasonable number of jobs and employees; whether the evaluation takes into account all reasonably relevant and available information; and whether the evaluation is reasonably sophisticated in its analysis of potentially comparable jobs, employee compensation, and the application of the permissible reasons for pay disparities. If an employer’s self-evaluation is found to be insufficient in detail or scope, but was nonetheless conducted in good faith, and the employer has made reasonable progress toward eliminating identified pay disparities, the employer will not be required to pay liquidated damages to an affected employee or employees.
Mass. Gen. Laws ch. 149, § 105A.
Salary History Restrictions
An employer is prohibited from:
If an applicant has voluntarily disclosed this information, the employer may confirm the applicant’s prior wages or salary or permit the applicant to confirm prior wages or salary. In addition, an employer may ask about a prospective employee's salary requirements or expectations. The employer is also permitted to seek or confirm an applicant’s wage or salary history after extending to the applicant an offer of employment in which the compensation for the position has been negotiated.
Mass. Gen. Laws ch. 149, § 105A.
Last updated May 2023
A non-FLSA-covered employer with 2 or more employees is prohibited from discriminating between employees on the basis of sex by paying wages to employees within the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions.
A wage differential is permitted if payment is made pursuant to one or more of the following:
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of an employee to comply with the statute.
Mich. Comp. Laws §§ 408.412, 408.423.
An employer that discriminates in any way in the payment of wages as between male and female employees who are similarly employed is guilty of a misdemeanor. However, any difference in wage rates based upon a factor other than sex does not violate the statute.
Mich. Comp. Laws § 750.556.
Equal Pay Statute
The Minnesota Equal Pay for Equal Work Law prohibits employers from discriminating between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
Pay differentials are permitted if payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee to comply with the statute.
Minn. Stat. § 181.67.
Salary History Restrictions (effective January 1, 2024)
An employer cannot inquire into, consider, or require disclosure of a job applicant's pay history from any source for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. "Pay history" means an applicant's prior or current wage, salary, earnings, benefits, or any other compensation.
This prohibition does not apply if the applicant's pay history is a matter of public record under federal or state law, unless the employer sought access to those public records with the intent of obtaining the applicant’s pay history for the purpose of determining compensation for that applicant.
An applicant is not prohibited from disclosing pay history, voluntarily and without asking, encouraging, or prompting, for the purposes of negotiating wages, salary, benefits, or other compensation. If an applicant voluntarily discloses their pay history to a prospective employer, the employer is not prohibited from considering the voluntarily disclosed pay history information to support a wage or salary higher than initially offered by the employer.
An employer, employment agency, or labor organization is not prohibited from:
Minn. Stat. § 363A.08.
An employer of 5 or more employees is prohibited from paying an employee a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job, the performance of which requires equal skill, education, effort and responsibility, and which is performed under similar working conditions. "Employee" means any individual who works 40 or more hours per week for a covered employer. "Wage" means and includes all compensation paid by an employer or the employer's agent for the performance of service by an employee, including the cash value of all compensation paid in any medium other than cash. "Rate" with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on time spent in the performance of such services, on the number of operations accomplished, or on the quality produced or handled.
A wage differential is permitted if made based on:
"Skill" means and will be measured by factors such as experience, ability, education, and training that are required to perform a job. "Effort" means the amount of physical or mental exertion needed to perform a job. "Responsibility" means the degree of accountability required to perform the job. "Working conditions" means and includes the following factors: (1) the physical surroundings of a job including, but not limited to, temperature, fumes and ventilation; and (2) the hazards of the job.
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute.
Mississippi Code § 71-17-5.
Last updated May 2023
Equal Pay Statute
An employer is prohibited from paying any female employee at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. The statute does not prohibit a variation of rates of pay for male and female employees engaged in the same classification of work, when made in good faith based upon:
Mo. Rev. Stat. § 290.410.
Local Laws
A Kansas City ordinance prohibits employers from discriminating against an individual with respect to compensation because of the individual's race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity, or age. Employers are also prohibited from inquiring about or considering an applicant's wage or salary history. For further details, please see Kansas City Code of Ordinances §§ 38-102, 38-103.
Last updated May 2023
It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, establishment, office, or place of employment of any kind or description. The statute does not specify any exceptions to the rule.
Mont. Code Ann. § 39-3-104.
Employers of 2 or more employees are prohibited from discriminating between employees in the same establishment on the basis of sex by paying wages to an employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort and responsibility under similar working conditions.
The prohibition does not apply to wage differentials made pursuant to:
An employer paying a wage differential in violation of the statute may not reduce the wages of any employee in order to comply with the statute.
Neb. Rev. Stat. §§ 48-1220, 48-1221.
Pay Equity Requirements
It is unlawful for an employer to discriminate on the basis of sex between employees at the same establishment by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions. However, a wage differential is permissible where wages are paid pursuant to:
An employer that violates the statute may not reduce the wages of any employee in order to comply with the statute.
Nev. Rev. Stat. § 608.17.
Pay Transparency
An employer must provide the wage or salary range or rate for a position to an applicant for employment who has completed an interview for the position. An employer must also provide the wage or salary range or rate for a promotion or transfer to a new position to an employee who has:
Nev. Rev. Stat. § 613.133.
Salary History Restrictions
An employer cannot, orally or in writing, personally or through an agent:
“Wage or salary history” means the wages or salary paid to an applicant for employment by the applicant's current or former employer. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.
An employer is not prohibited from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.
Nev. Rev. Stat. § 613.133.
Last updated May 2023
An employer is prohibited from discriminating between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. The prohibition does not apply where such payment is made pursuant to:
An employer paying wages in violation of the statute may not reduce the wages of any employee in order to comply with the statute.
N.H. Rev. Stat. Ann. § 275:37.
Pay Equity Requirements
New Jersey law prohibits employers from discriminating in any way in the rate or method of payment of wages to any employee because of his or her sex. A differential in pay between employees based on a reasonable factor or factors other than sex does not constitute wage discrimination. N.J. Stat. Ann. § 34:11-56.2.
In addition, the New Jersey Law Against Discrimination prohibits an employer from paying any employee who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority system, a merit system, or the employer demonstrates:
A factor based on business necessity does not apply if it is demonstrated that there are alternative business practices that would serve the same business purpose without producing the wage differential. Comparisons of wage rates will be based on wage rates in all of an employer’s operations or facilities.
An employer paying a rate of compensation in violation of the statute cannot reduce the rate of compensation of any employee in order to comply with the statute.
N.J. Stat. Ann. § 10:5-12(t).
Salary History Restrictions
It is an unlawful employment practice for an employer to:
However, an employer is permitted to:
The statute does not apply in the following circumstances:
An employer is not prohibited from acquiring salary history information that is publicly available, but the employer cannot retain or consider that information when determining the applicant's salary, benefits, or other compensation unless the applicant voluntarily, without employer prompting or coercion, provides the employer with salary history. An applicant’s refusal to volunteer compensation information cannot be considered in any employment decisions.
An employer is not prohibited from offering an applicant information regarding wage or salary rates set for the job position by collective bargaining agreements or by civil service or other laws, or from paying those rates if the applicant is hired.
An employer with operations or employees in at least one state other than New Jersey is not prohibited from including an inquiry regarding salary history on an employment application, so long as immediately preceding the salary history inquiry on the employment application, there is a statement that an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer the salary history inquiry.
N.J. Stat. Ann. §§ 10:5-12.12, 34:6B-20.
Local Laws
The city of Jersey City requires an employer to disclose a minimum and maximum annual salary and/or hourly wage in job postings and advertisements. In addition, the city prohibits an employer from screening a job applicant based on the applicant’s salary history or to require that the applicant’s salary history satisfy any minimum or maximum criteria. For further details, please see Jersey City, NJ Code of Ordinances § 148-4.1.
Last updated May 2023
The New Mexico Fair Pay for Women Act prohibits employers with 4 or more employees from discriminating within any establishment between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions.
A wage differential is permitted where the payment is made pursuant to:
An employer cannot reduce the wage of an employee to comply with the statute.
N.M. Stat. §§ 28-23-2, 28-23-3.
Pay Equity Requirements
An employer is prohibited from paying wages to an employee at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions. However, the prohibition does not apply where payment is made pursuant to a differential based on:
The bona fide factor cannot be based upon or derived from a sex-based differential in compensation and must be job-related with respect to the position in question and consistent with business necessity. The bona fide factor exception does not apply if the employee demonstrates that:
N.Y. Lab. Law §§ 190, 194.
Pay Transparency
Effective September 17, 2023, an employer that advertises a job, promotion, or transfer opportunity that will physically be performed, at least in part, in New York, must disclose:
“Range of compensation” means the minimum and maximum annual salary or hourly range of compensation that the employer in good faith believes to be accurate at the time the employer posts the advertisement for the opportunity. "Advertise" means to make a written description of an employment opportunity available to a pool of potential applicants for internal or public viewing, including electronically.
The disclosure requirement also applies to advertisements for a job, promotion, or transfer opportunity that will physically be performed outside of New York but that will report to a supervisor, office, or other work site in New York.
N.Y. Lab. Law § 194-b.
Salary History Restrictions
An employer is prohibited from:
An employer may confirm wage or salary history only if at the time an offer of employment with compensation is made, the applicant or current employee responds to the offer by providing prior wage or salary information to support a wage or salary higher than offered by the employer.
The statute does not prevent an applicant or current employee from voluntarily, and without prompting, disclosing or verifying wage or salary history, including but not limited to for the purposes of negotiating wages or salary.
N.Y. Lab. Law § 194-a.
Local Laws
The New York City Human Rights Law prohibits an employer from inquiring about a job applicant’s salary history or relying on an applicant’s salary history in determining the salary, benefits or other compensation for the applicant during the hiring process, including the negotiation of a contract. In addition, it is an unlawful discriminatory practice for an employer to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum annual salary or hourly wage for the position in the advertisement. For further details, please see N.Y.C. Admin. Code §§ 8-107(25), 8-107(32).
The Albany County Human Rights Law prohibits an employer from screening job applicants based on their wage or salary history or requiring that a job applicant disclose prior wages or salary history. In addition, an employer cannot advertise a job, promotion, or transfer opportunity without stating the minimum and maximum salary or hourly wage for the position in the advertisement. For further details, please see Albany County, NY Local Law No. 1 for 2000 (Omnibus Human Rights Law for Albany County) as amended by Local Law No. P for 2016 § 7(1)(i) and Local Law No. E for 2022 § 7(1)(i)(4).
The Suffolk County Human Rights Law prohibits an employer from screening job applicants based on their wage or salary history or requiring that a job applicant disclose prior wages or salary history. For further details, please see Suffolk Cty., N.Y. Code of Ordinances § 528-7(13).
The Westchester County Human Rights Law prohibits an employer from screening job applicants based on their wage or salary history or requiring that a job applicant disclose prior wages or salary history. In addition, an employer cannot advertise a job, promotion, or transfer opportunity without stating the minimum and maximum salary or hourly wage for the position in the advertisement. For further details, please see Westchester County, NY Code of Ordinances § 700.3.
The city of Ithaca prohibits an employer from advertising an opportunity for employment, including a job, promotion, or transfer opportunity, without stating the minimum and maximum hourly or salary compensation for the position in the advertisement. For further details, please see Ithaca, NY Code of Ordinances § 215-3(F).
Last updated May 2023
It is an unlawful employment practice for an employer of 15 or more employees to discriminate against a qualified person with a disability on the basis of a disabling condition with respect to compensation or the terms, conditions, or privileges of employment.
N.C. Gen. Stat. § 168A-5.
A wage differential is permitted where made pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of work or production, or differences in location of employment.
N.C. Gen. Stat. § 168A-9.
An employer may not discriminate between employees in the same establishment on the basis of gender by paying wages to any employee in any occupation at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.
The prohibition does not apply to wage differentials paid pursuant to established seniority systems, systems that measure earnings by quantity or quality of production, merit systems, or a bona fide factor other than gender, such as education, training, or experience, and which do not discriminate on the basis of gender.
An employer that is paying a wage differential in violation of the statute may not, in order to comply with this chapter, reduce the wage rates of any employee.
N.D. Cent. Code § 34-06.1-03.
Equal Pay Statute
An employer is prohibited from discriminating in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions.
The statute does not prohibit wage differentials when the payment is made pursuant to any of the following:
An employer cannot reduce the wage rate of any employee in order to comply with the statute.
Ohio Rev. Code §§ 4111.14, 4111.17.
Local Laws
The city of Cincinnati prohibits an employer from inquiring about an applicant’s salary history, screening job applicants based on their current or prior compensation, or relying on an applicant's salary history in deciding whether to offer employment to the applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process. In addition, an employer, upon reasonable request, must provide the pay scale for a position to an applicant who has received a conditional offer of employment for the position. For further details, please see Cincinnati Muni. Code §§ 804-01, 804-03.
The city of Toledo prohibits an employer from inquiring about an applicant’s salary history, screening job applicants based on their current or prior compensation, or relying on an applicant's salary history in deciding whether to offer employment to the applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process. In addition, an employer, upon reasonable request, must provide the pay scale for a position to an applicant who has received a conditional offer of employment for the position. For further details, please see Toledo Muni. Code §§ 768.01, 768.02.
Effective March 1, 2024, the city of Columbus prohibits an employer from inquiring about an applicant’s salary history, screening job applicants based on their current or prior compensation, or relying on an applicant's salary history in deciding whether to offer employment to the applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process. In addition, an employer, upon reasonable request, must provide the pay scale for a position to an applicant who has received a conditional offer of employment for the position. For further details, please see Columbus City Code §§ 2335.01, 2335.03.
Last updated May 2023
An employer is prohibited from willfully paying wages to women employees at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility.
Wage differentials are not unlawful where made pursuant to:
Okla. Stat. tit. 40, § 198.1.
Pay Equity Requirements
It is an unlawful employment practice for an employer to:
in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; or
pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character.
“Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation. “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title.
The prohibition against pay discrimination does not apply where payment is made pursuant to a seniority or merit system that does not discriminate on the basis of sex, or a wage differential between employees is based in good faith on factors other than sex.
Evaluations of work of comparable character need only consider comparisons of Oregon employees. A wage differential may be permitted if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:
An employer may not reduce the compensation level of an employee to comply with the provisions of the statute.
An employer may elect to conduct an equal pay analysis as a safe harbor against liability for damages. In an action for violation of the equal pay statute, such an employer may file a motion to disallow an award of compensatory and punitive damages in which the employer must demonstrate, by a preponderance of the evidence, that the employer completed, within three years before the date that the employee filed the action, an equal pay analysis of the employer’s pay practices in good faith. Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of the law. Evidence that an employer has increased an employee’s pay as a result of conducting an equal pay analysis may not be considered as an admission of liability in a civil action alleging a violation of the statute.
Or. Rev. Stat. §§ 652.220, 652.235; Or. Admin. R. 839-008-0010, 839-008-0015, 839-008-0020, 839-008-0025.
Salary History Restrictions
It is an unlawful employment practice for an employer to:
“Screen job applicants based on current or past compensation” includes using information, however obtained, about a job applicant’s current or past compensation to determine a job applicant’s suitability or eligibility for employment.
An employer may request from a prospective employee written authorization to confirm prior compensation after making an offer of employment to the prospective employee that includes an amount of compensation. Further, the statute does not prevent an employer from considering a current employee’s compensation during a transfer, move or hire of the employee to a new position with the same employer.
Or. Rev. Stat. §§ 652.220, 659A.357; Or. Admin. R. 839-008-0005.
Last updated May 2023
Equal Pay Statute
The Pennsylvania Equal Pay Law prohibits employers from discriminating within any establishment between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
The prohibition does not apply where payment is made pursuant to:
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute.
43 Pa. Cons. Stat. § 336.3.
Local Laws
The Philadelphia Fair Practices Ordinance makes it an unlawful employment practice for an employer to inquire about or require disclosure of a prospective employee's wage history or rely on a prospective employee's wage history in determining the wages for the prospective employee at any stage in the employment process. For further details, please see Philadelphia, Pa. Code § 9-1131.
Last updated May 2023
Pay Equity Requirements
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, requires equal skill, effort, and responsibility, and which is performed under similar working conditions.
The statute does not prohibit wage differentials when the payment is made pursuant to any of the following:
An employer paying a wage differential in violation of the statute cannot reduce the wage of any employee in order to comply with the statute.
Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§ 251 et seq.
Salary History Restrictions
It is an unlawful employment practice for an employer to ask or inquire an applicant for employment or the current or previous employer, about the current salary or salary history of the applicant.
Puerto Rico Act No. 16 of March 8, 2017, 29 L.P.R.A. §§ 251 et seq.
Last updated May 2023
Pay Equity Requirements
An employer is prohibited from paying any of its employees at a wage rate less than the rate paid to employees of another race, or color, or religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin for comparable work. "Comparable work" means work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions.
A wage differential is permitted when the employer demonstrates:
An individual's wage history cannot, by itself, justify an otherwise unlawful wage differential. An employer that discriminates in violation of the statute cannot reduce the wage rate of any employee in order to comply with the statute, and an employee's agreement to work for less than the wage to which the employee is entitled is not a defense to an action alleging a violation of the statute.
An employer has an affirmative defense to all liability if the employer is able to demonstrate that it conducted a good faith self-evaluation its pay practices within the previous two years and prior to the commencement of the action, and can demonstrate that any unlawful wage differentials revealed by its self-evaluation have been eliminated. This affirmative defense will be available to employers beginning on January 1, 2023 and ending June 30, 2026.
R.I. Gen. Laws § 28-6-18; 260 R.I. Code R. 30-05-8.
Pay Transparency
Upon an applicant’s request, an employer must provide the wage range for the position for which the applicant is applying. The employer should provide a wage range for the position for which the applicant is applying prior to discussing compensation. An employer must provide an employee the wage range for the employee's position both at the time of hire and when the employee moves into a new position. During the course of employment, upon an employee’s request, an employer must provide the wage range for the employee’s position.
"Wage range" as applied to an applicant means the wage range that the employer anticipates relying on in setting wages for the position and may include reference to any applicable pay scale, previously determined range of wages for the position, the actual range of wages for those currently holding equivalent positions, or the budgeted amount for the position, as applicable. "Wage range" as applied to a current employee may include reference to any applicable pay scale, previously determined range of wages for the position, or the range of wages for incumbents in equivalent positions, as applicable.
R.I. Gen. Laws § 28-6-22; 260 R.I. Code R. 30-05-8.
Salary History Restrictions
An employer is prohibited from:
"Wage history" means the wages paid to an applicant for employment by the applicant's current employer and/or previous employer or employers, but does not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports.
After the employer makes an initial offer of employment that includes an offer of compensation to an applicant, the employer may:
The statute does not preclude an employer from verifying information voluntarily provided by a job applicant regarding an applicant's unvested equity or deferred compensation that the applicant would forfeit or have cancelled by virtue of the applicant's resignation from their current employer, or any voluntary disclosure of non-wage related information. Further, an employer may request a background check that does not affirmatively seek wage history, except that if the background check discloses the applicant's wage history, the employer cannot rely on the wage history for purposes of determining wages, benefits, or other compensation for an applicant during the hiring process, including the negotiation for a contract for employment.
R.I. Gen. Laws § 28-6-22; 260 R.I. Code R. 30-05-8.
Last updated May 2023
The South Carolina Human Affairs Law makes it an unlawful employment practice for employers of 15 or more employees to discriminate against an individual with respect to the individual's compensation on the basis of a protected classification.
It is not an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system that measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate on the basis of a protected classification.
S.C. Code Ann. § 1-13-80.
Last updated May 2023
Employers are prohibited from discriminating between employees on the basis of sex by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.
S.D. Codified Laws § 60-12-15.
The prohibition does not apply to differentials paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs that do not discriminate on the basis of sex.
S.D. Codified Laws § 60-12-16.
Employers are prohibited from discriminating between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions.
The statute does not prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex.
An employer paying a wage differential in violation of the statute cannot reduce the wage rate of any employee in order to comply.
Tenn. Code Ann. § 50-2-202.
The state anti-discrimination statute prohibits employers of 15 or more employees from discriminating against an individual in connection with compensation on the basis of a protected classification.
Tex. Lab. Code Ann. §§ 21.002, 21.051.
An employer does not commit an unlawful employment practice by applying different standards of compensation under:
Tex. Lab. Code Ann. § 21.102.
An employer does not commit an unlawful employment practice by applying different standards of compensation to employees who work in different locations so long as the standards are not discriminatory on the basis of a protected classification.
Tex. Lab. Code Ann. § 21.112.
The Utah Anti-Discrimination Act prohibits employers with 15 or more employees from discriminating in matters of compensation on the basis of a protected classification.
Utah Code Ann. §§ 34A-5-102, 34A-5-106.
“Discriminating in matters of compensation” means paying differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job.
Utah Code Ann. § 34A-5-106.
The Act does not prohibit:
Utah Code Ann. § 34A-5-106.
Pay Equity Requirements
The Vermont Fair Employment Practices Act makes it an unlawful employment practice for an employer to discriminate between employees on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.
An employer may pay different wage rates under this subsection when the differential wages are made pursuant to:
An employer asserting that differential wages are paid pursuant to a bona fide factor other than sex must demonstrate that the factor does not perpetuate a sex-based differential in compensation, is job-related with respect to the position in question, and is based upon a legitimate business consideration.
Effective July 1, 2023, an employer also cannot discriminate in the payment of wages based on race, national origin, sexual orientation, gender identity, or physical or mental condition.
Vt. Stat. Ann. tit. 21, § 495.
Salary History Restrictions
The Vermont Fair Employment Practices Act prohibits an employer from:
“Compensation” includes wages, salary, bonuses, benefits, fringe benefits, and equity-based compensation.
If a prospective employee voluntarily discloses information about his or her current or past compensation, an employer may, after making an offer of employment with compensation to the prospective employee, seek to confirm or request that the prospective employee confirm that information. Further, the statute does not prevent an employer from:
Vt. Stat. Ann. tit. 21, § 495m.
Last updated May 2023
Non-FLSA-covered employers are prohibited from discriminating between employees on the basis of sex by paying wages to employees in the same establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
The prohibition does not apply where payment is made pursuant to:
Va. Code Ann. § 40.1-28.6.
Pay Equity Requirements
An employer is prohibited from discriminating in any way in providing compensation based on gender between similarly employed employees. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. "Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.
A pay differential is permissible if based in good faith on a bona fide job-related factor or factors that are consistent with business necessity, are not derived from a gender-based differential, and that account for the entire differential. More than one factor may account for the differential. Bona fide factors include, but are not limited to:
An individual's previous wage or salary history is not a defense under the statute.
An employer is further prohibited from, on the basis of gender, limiting or depriving an employee of career advancement opportunities that would otherwise be available. A differential in career advancement based on a bona fide job-related factor or factors that meet the criteria specified above does not constitute discrimination.
Wash. Rev. Code §§ 49.58.010 - 49.58.030.
Pay Transparency
An employer of 15 or more employees must disclose in each posting for each job opening the wage scale or salary range and a general description of all the benefits and other compensation to be offered to the hired applicant. "Posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment the employer does directly as well as indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.
Upon request of an employee who has been offered a promotion or an internal transfer to a new position, an employer of 15 or more employees must provide the wage scale or salary range for the employee's new position. If no wage scale or salary range exists, the employer must provide the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or making the promotion.
Wash. Rev. Code § 49.58.110.
Salary History Restrictions
An employer may not seek an applicant's wage or salary history from the applicant or a current or former employer or require that an applicant's prior wage or salary history meet certain criteria, except as provided under the statute.
An employer may confirm an applicant's wage or salary history:
Wash. Rev. Code § 49.58.100.
Last updated May 2023
Employers are prohibited from:
The prohibition does not apply where:
An employer cannot reduce an employee’s wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization.
Note: The statute does not apply to employers whose operations are subject to any federal law relating to equal wages for equal work, regardless of sex.
W. Va. Code §§ 21-5B-1, 21-5B-3.
The Wisconsin Fair Employment Act makes it an unlawful employment practice to discriminate against any individual in compensation paid for equal or substantially similar work on the basis of sex where sex is not a bona fide occupational qualification.
Sex is a bona fide occupational qualification if all of the members of one sex are physically incapable of performing the essential duties required by a job, or if the essence of the employer's business operation would be undermined if employees were not hired exclusively from one sex.
Wis. Stat. § 111.36.
Employers are prohibited from discriminating between employees in the same establishment on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions.
The prohibition does not apply where payment is made pursuant to:
Wyo. Stat. § 27-4-302.
Compliance with intersecting equal pay laws can be daunting, placing a huge burden on corporate counsel and HR departments. In a privileged context, Littler can assist employers with the steps crucial to defensible audit and proactively tackle this issue by combining our deep experience in employment law, compensation, and the application of data science, econometrics and statistics to the law, with proprietary technology.
The materials available on this page are for general informational purposes only and should not be relied upon as legal advice. Use of and access to this page does not create an attorney-client relationship between Littler Mendelson and you. The materials available on this page are not a substitute for experienced legal counsel and you should consult your Littler attorney if you have questions about a particular fact pattern or situation. This area of the law is rapidly developing, and while we make efforts to update this page as the law changes, we cannot guarantee that the content is current for all jurisdictions.