Statute
Classes Protected
- Sex, age, race, color, sexual orientation, gender identity, social or national origin, social condition, political affiliation, political or religious beliefs of the employee or job applicant, for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces or holding veteran status
Key language on Pay Discrimination
- Prohibits gender-based pay discrimination and requires equal pay for work that requires the same skill, effort, and responsibilities, and which is performed under similar working conditions.
- It is unlawful for an employer to discriminate “against an employee with regards to his salary, wage, pay or remuneration . . . on the grounds of age, as defined below, race, color, sex, sexual orientation, gender identity, social or national origin, social condition, political affiliation, or political or religious beliefs of the employee or job applicant, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, or being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces or holding veteran status.”
Exceptions for Pay Disparities (Including Affirmative Defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production, sales, or profits
- Education, training, or experience, as long as these are reasonably related to the specific work in question
- Some reasonable factor other than the person’s gender
Prohibition on Salary History Inquiry
- Employers are prohibited from asking job applicants about wage history before offering a job, unless the applicant volunteered such information or a salary was already negotiated with the applicant and set forth in an offer letter. If the applicant voluntarily disclosed this information, the employer may confirm the applicant’s salary or salary history or allow the job applicant to confirm the information. If salary has been negotiated and set forth in an offer letter, the employer can inquire or confirm salary history.
Anti-Retaliation
- Cannot retaliate against employees for exercising rights under the law.
Wage Disclosure Requirement
- "Nothing in this Article will require an employer to disclose [ ] an employee’s salary to another employee or third party."
Other Key Provisions
- Employers are exempt from additional penalties if employer completed a good faith self-evaluation of compensation practices and achieved reasonable progress to eliminate wage gaps on account of gender within the year prior to the filing of a wage claim.