Texas Pay Equity

• Equal Work, Equal Pay, V.T.C.A. Govt. Code § 659.0001
• Discrimination by Employer, V.T.C.A. Labor Code § 21.051
• Bona Fide Employee Benefit Plan; Production Measurement System, V.T.C.A. Labor Code § 21.102

Classes protected

• Sex, race, color, disability, religion, national origin, age

Key language on pay discrimination

• “A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex.”
• “An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer . . . discriminates in any other manner against an individual in connection with compensation[.]”

Exceptions for Pay Disparities (Including Affirmative Defenses)

• A bona fide seniority system, merit system or an employee benefit plan.
• A system that measures earnings by quantity or quality of production.