Statute
Classes Protected
- Sex
Key language on Pay Discrimination
- “No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which employees are employed, between employees on the basis of sex by paying to employees in such establishment a rate less than the rate at which the employer pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions[.]”
Exceptions for Pay Disparities (including affirmative defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production
- Differential based on any other factor other than sex
Anti-Retaliation
- It is unlawful for an employer to discharge or otherwise discriminate in regard to tenure or condition of employment against any employee because the employee has instituted or participated in the institution of any action to recover wages under Ind. Code. Ann. § 22-2-2-1 et seq.
Other Key Provisions
- Applies to employers with 2 or more employees.