Statute
Classes protected
- Sex, sexual orientation, gender identity or expression
- For government administration: Race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, credit information, or homeless status of any individual.
Key language on pay discrimination
- Unlawful discriminatory practice for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, including promotion. This applies to any person who, for compensation, employs an individual, with exceptions; any person acting in the interest of such employer, directly or indirectly; and any professional association.
Exceptions for pay disparities (including affirmative defenses)
- Differentials based on “individual merit”
- Not discriminatory for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system
Prohibition on salary history inquiry
- Government agencies are prohibited from asking candidates for their salary history unless it is brought up by a candidate after an offer of employment is extended.
- The law prohibits employers from screening job applicants based on their wage history, including by requiring that an applicant’s wage history satisfy minimum or maximum criteria. Employers are prohibited from requiring applicants to disclose their wage history as a condition of being interviewed or continuing to be considered for an offer of employment. In addition, employers are prohibited from seeking an applicant’s wage history from the applicant’s previous employer.
Anti-retaliation
- It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.
Wage Disclosure Requirement
- An employer shall provide the minimum and maximum projected salary or hourly pay in all job listings and position descriptions advertised.
Pay Transparency
- Employers cannot prohibit employees from inquiring about, disclosing, comparing, or discussing their wages or wages of another employee. Advertised “job listings” and “position descriptions” must include the lowest and highest projected salary or wage rate based on the employer’s good-faith belief at the time of posting. Although “job listings” and “position descriptions” are not defined, the requirement is likely to also apply for internal position postings, including promotion and transfer opportunities.
Other Key Provisions
- Applicants must be advised what healthcare benefits will be offered with the position prior to an initial interview. Employers can satisfy their obligation by disclosing the “existence of healthcare benefits.”