Statute
Classes Protected
- Sex, age, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, presence of any sensory, mental, or physical disability, use of trained dog guide or service animal by person with a disability
Key Language on Pay Discrimination
- “Any employer in this state who discriminates in any way in providing compensation based on a person’s gender or membership in a protected class between similarly employed employees of the employer is guilty of a misdemeanor."
- “An employer may not, on the basis of a person’s gender or other membership in a protected class, limit or deprive an employee of career advancement opportunities that would otherwise be available.”
- Unfair practice for any employer “[t]o discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability[.]”
Exceptions for Pay Disparities (Including Affirmative Defenses)
- Differential in compensation based in good faith on a bona fide job-related factor or factors that: (i) are consistent with business necessity; (ii) are not based on or derived from a gender-based differentia and are not based on or derived from the employee being a member of a protected class; and (iii) account for the entire differential
- Bona fide factors may include education, training, or experience; a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or bona fide regional difference in compensation levels
- Differential based in good faith on a local government ordinance providing for a minimum wage different from state law
Prohibition on Salary History Inquiry
- Employers may not seek the wage or salary history of an applicant for employment or require prior wages meet certain criteria. An employer, however, may confirm an applicant’s wage or salary history if the applicant has voluntarily disclosed his wage or salary history. An employer may also confirm an applicant’s wage or salary history after the employer has negotiated and made an offer of employment with compensation to the applicant.
Anti-Retaliation
- Prohibits discharge or retaliation against an employee for discussing his or another employee’s wages, inquiring about the employee's wages or lack of advancement opportunities, or for aiding or encouraging an employee to exercise any right under the law.
Wage Disclosure Requirements
- For internal position transfers and promotions, employers are only required to provide a salary range or wage scale upon request —not in the posting. Employers must do the following for external job postings:
- provide a wage scale or salary range for each job posting (as opposed to just a minimum); and
- include a description of all benefits and compensation to be offered in the posting (as opposed to just wage or salary).
Pay Transparency
- Prohibits employers from restraining an employee's ability to discuss his or her wages, requiring nondisclosure of wages as a condition of employment, and requiring an employee to sign a waiver or other document that prevents them from disclosing wages.