Statute
Classes Protected
- Sex, race, age, religion, color, national origin, ancestry, physical or mental handicap or serious medical condition, (15 employees or more) sexual orientation or gender identity, (50 employees or more) spousal affiliation
Key Language on Pay Discrimination
- “No employer shall discriminate, within any establishment in which such employees are employed, 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 in the establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions[.]”
- It is an unlawful discriminatory practice to discriminate in matters of compensation against any person otherwise qualified because of sex, race, age, religion, color, national origin, ancestry, physical or mental handicap or serious medical condition, sexual orientation or gender, or spousal affiliation.
Exceptions for Pay Disparities (Including Affirmative Defenses)
- Seniority system
- Merit system
- System that measures earnings by quantity or quality of production
- Bona fide occupational qualification or other statutory provision
Anti-Retaliation
- “It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay for Women Act or assisting another person to do so, or for informing another person about employment rights or other rights provided by law.”
Other Key Provisions
- The Fair Pay for Women Act applies to employers with 4 or more employees.
- The law prohibiting discrimination on basis of sexual orientation or gender identity applies to employers with 15 or more employees.
- The law prohibiting discrimination on basis of spousal affiliation applies to employers with 50 or more employees.