Statute
Classes protected
- Sex, race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status.
Key language on pay discrimination
- Under the law, an employer is prohibited from:
- Paying 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 on a job that requires equal skill, effort, and responsibility and that is performed under similar working conditions
- Reducing an employee's wage rate in order to comply with the Act
- Discriminating against an employee for making a complaint about alleged discrimination, for giving information to the Department of Labor, or for instituting or testifying in proceedings under the Act.
- The law applies to all employers in the state and may not be waived by a private agreement between employee and employer.
- It is unlawful for an employer to discriminate against an individual in terms of compensation because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. This applies to any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof.
Exceptions for pay disparities (including affirmative defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production
- Any other factor other than sex
Prohibition on salary history inquiry
- It is an unlawful employment practice to seek the compensation history of an applicant from the applicant or a current or former employer.
- It is an unlawful employment practice to screen applicants based upon their respective compensation histories, including requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.
- An employer and applicant are permitted to discuss and negotiate compensation expectations, provided that the employer does not request or require the applicant’s compensation history.
- An employer is permitted to seek an applicant’s compensation history after an offer of employment with terms of compensation is extended to the applicant and is accepted for the sole purpose of confirming the applicant’s compensation history.0
Anti-retaliation
- Prohibits retaliation against an employee who made a complaint, instituted legal proceedings, or testified in proceedings under this law.
- It is unlawful for an employer to discharges or in any manner discriminates against an individual because that individual has made a complaint or has given information to the Department pursuant to wage disclosure laws, or because the individual has caused to be instituted or is about to cause to be instituted any proceedings under wage disclosure laws, or has testified or is about to testify in any such proceedings.
Wage Disclosure Requirement
- If an employer announces, posts, or otherwise makes known a job opportunity, whether internally or externally, the employer must include the hourly or salary compensation range and a general description of the benefits and other compensation. The employer must provide the information to the applicant directly if a posting for the job opportunity, internally or externally, has not been made.
Pay Transparency
- It shall be an unlawful employment practice for an employer to: (i) require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his/her wages or the wages of another employee; (ii) require an employee sign a waiver or other document purporting to deny the employee the right to disclose or discuss his/her wages; or (iii) discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his/her wages or the wages of another employee.