Main Menu

Pay Equity Interactive Map

Alaska

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

Illegal for an employer to “discriminate in the payment of wages as between the sexes, or to employ a female in an occupation in this state at a salary or wage rate less than that paid to a male employee for work of comparable character or work in the same operation, business, or type of work in the same locality.”

Exceptions for pay disparities (including affirmative defenses)

May provide greater health and retirement benefits to employees who have a spouse or dependent children.

Arizona

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority
  • Length of service
  • Ability
  • Skill
  • Difference in duties or services performed, whether regularly or occasionally
  • Difference in the shift or time of day worked
  • Hours of work
  • Restrictions or prohibitions on lifting or moving objects in excess of specified weight
  • Other reasonable differentiation, factor, or factors other than sex, when exercised in good faith

Arkansas

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

  • “Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee”
  • “No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority
  • Experience
  • Training
  • Skill
  • Ability
  • Differences in duties and services performed
  • Differences in the shift or time of the day worked
  • Any other reasonable differentiation except difference in sex

Anti-retaliation

Prohibits discharge or discrimination for making a complaint about pay, instituting any proceedings, or testifying/is likely to testify in a proceeding

California

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex, race, ethnicity

Key language on pay discrimination

An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and 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
  • Any bona fide factor other than sex, race, or ethnicity such as education, training, or experience. Employer must demonstrate that the factor is not based on a sex, race, or ethnicity-based differential in compensation, is job related to position in question, and is consistent with a business necessity.

Prohibition on salary history inquiry

  • An employer shall not, orally or in writing, personally or through an agent, seek salary history information including compensation and benefits, about an applicant for an employment.” Upon reasonable request, an employer shall provide the pay scale for a position to an applicant. This does not apply to salary history information disclosable to the public through a public records request.
  • San Francisco precludes employers from asking applicants about current or past salaries. Employers may not disclose a current or former employees’ salary history without the employees’ consent unless the information is already publicly available.

Anti-retaliation

Cannot discharge, discriminate, or retaliate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this law.

Other key provisions

  • May compare to locations (including other states)
  • Prior salary insufficient, without other factors, to justify a difference
  • Employer cannot prohibit an employee from disclosing the employee's own wages, discussing the wages of others, inquiring about another employee's wages, or aiding or encouraging any other employee to exercise his or her rights under this law
  • San Diego requires that any contractor certify that they provide equal pay based on gender and ethnicity before being awarded a city contract

Related articles

Colorado

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof.”

Connecticut

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex

Key language on pay discrimination

  • “No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination[.]”
  • Examines employees who perform equal work on a job, the performance of which requires equal skill, effort, and responsibility, and is 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 system based upon a bona fide factor other than sex, such as education, training, or experience so long as it is not based upon or derived from sex, is job-related and consistent with business necessity, and there is no alternative employment practice that would not produce the differential

Prohibition on salary history inquiry

Effective January 1, 2019: 

  • No employer shall be allowed to ask about an applicant's wage and salary history, unless it was voluntarily disclosed by the applicant
  • No employer shall prohibit an employee from disclosing or discussing the amount of his/her wages or the wages of another employee where such wages have been voluntarily disclosed
  • No employer shall prohibit an employee from inquiring about the wages of another employee
  • No employer shall require an employee sign a waiver or other document that denies the employee his/her right to disclose or discuss the amount of his/her wages or the wages of another employee that have been voluntarily disclosed
  • No employer shall require an employee to sign a waiver or other document that denies the employee his/her right to inquire about the wages of another employee

Anti-retaliation

Employers are prohibiting from discharging or discriminating against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any complaint proceeding.

Employers are prohibited from discharging, disciplining, discriminating against or retaliating against any employee who discloses or discusses the amount of his/her wages or the wages of another employee that have been voluntarily disclosed, and any employee who inquires about the wages of another employee of such employer.

Delaware

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex

Key language on pay discrimination

"No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort, responsibility, and which is 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
  • Any other factor other than sex

Prohibition on salary history inquiry

  • Unlawful employment practice to screen applicants or based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria
  • Unlawful employment practice to seek the compensation history of an applicant from the applicant or a current or former employer
  • Employer and applicant permitted to discuss and negotiate compensation expectations, provided that the employer does not request or require the applicant’s compensation history.
  • Employer permitted to seek applicant’s compensation history after an offer of employment with terms of compensation is extended to the applicant and accepted, for the sole purpose of confirming the applicant’s compensation history

Anti-retaliation

Prohibits retaliation against an employee who made a complaint, instituted legal proceedings, or testified in proceedings under this law.

District of Columbia

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, sexual orientation, gender identity or expression

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.

Exceptions for pay disparities (including affirmative defenses)

Not discriminatory for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system.

Florida

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex 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
  • A differential based on any reasonable factor other than sex when exercised in good faith

Other key provisions

Does not apply to employers covered by the FLSA to the extent the FLSA preempts claims under Section 448.07.

Georgia

  • Gender-specific

Statute

Classes protected

Sex

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 such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require 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

Prohibits retaliation for making a complaint, instituting a proceeding, or testifying in a proceeding.

Other key provisions

Applies to employers with 10 or more employees.

Hawaii

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex, race, religion

Key language on pay discrimination

  • “No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which 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.”
  • “No employer shall discriminate in any way in the payment of wages as between persons of different races or religions or as between the sexes[.]”

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
  • Differential based on any other permissible factor other than sex
  • Substantial different in duties or services performed
  • Different in shift, time of day worked, hours of work

Prohibition on salary history inquiry

  • Employers and employment agencies are cannot inquire about the salary history of an applicant for employment or rely on salary history to determine salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract
  •  Can engage in discussions about the applicant's expectations with respect to salary, benefits, and other compensation
  • Salary history can be considered and verified if voluntarily disclosed by the applicant, without prompting

Anti-retaliation

  • Employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights to do so

Idaho

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit increase system

Anti-retaliation

Prohibits retaliation against an employee who invokes or assists in any manner in the enforcement of this law.

Illinois

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex and Race (African American)

Key language on pay discrimination

  • No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
  • Employers are prohibited from paying African American employees less than others (effective January 1, 2019).

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System that measures earnings by quantity or quality of production
  • Differential based on any other factor other than sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act

Anti-retaliation

Prohibits retaliation against an employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of another employee, or aiding or encouraging any person to exercise his or her rights under the law.

Other key provisions

Specific to comparing employees within the county.

Related articles

Indiana

  • Gender-specific

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 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

Other key provisions

Applies to employers with 2 or more employees.

Iowa

  • Gender, plus Other Protected Categories

Statute

Classes protected

Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability

Key language on pay discrimination

  • Unfair or discriminatory practice for an employer to discriminate against any employee “by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.”
  • “[A] state department, board, commission, or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs predominantly by men. ‘Comparable worth’ means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work.”"

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System which measures earnings by quantity or quality of production
  • Pay differential based on any other factor other than age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee

Other key provisions

Applies to employers who regularly employ 4 or more individuals (members of the employer’s family are not counted as employees)

Kansas

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“[N]o employer having employees of both sexes shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate of wages paid 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 a factor other than sex

Anti-retaliation

Prohibits retaliation for making a complaint regarding payment of wages, instituting a proceeding, or testifying in proceeding

Kentucky

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility.”

Exceptions for pay disparities (including affirmative defenses)

Established seniority systems or merit increase systems which do not discriminate on the basis of sex.

Anti-retaliation

Prohibits retaliation for any action taken by an employee to invoke or assist in any manner the enforcement of this law.

Other key provisions

Applies to employers with 2 or more employees within the state of Kentucky in each of the 20 or more calendar weeks in the current or preceding calendar year.

Louisiana

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex, race, color, religion, National origin

Key language on pay discrimination

  • “No [public] employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid within the same agency to another employee of a different sex for the same or substantially similar work on jobs in which the employee’s performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions including time worked in the position.”
  • Unlawful discrimination in employment for an employer with 20 or more employees “to intentionally discriminate against any individual with respect to compensation” because of race, color, religion, sex, or national origin
  • Unlawful discrimination in employment for an employer with 20 or more employees to "intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance 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 that measures earnings by quantity or quality of production
  • Differential based on a bona fide factor other than sex, including but not limited to education, training, or experience, provided that the factor is related to the job position in question and no alternative employment practice would serve the same legitimate business purpose without producing such a differential
  • Employees who work in different locations

Prohibition on salary history inquiry

New Orleans prohibits inquiries about a candidate's salary history during the application and interview process for City positions.

Anti-retaliation

  • Prohibits retaliation against an employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee, or aiding or encouraging any other employee to exercise their rights under the law
  • Prohibits retaliation for filing a complaint or instituting a proceeding, providing information in connection with an inquiry or proceeding, or testifying

Maine

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit increase systems
  • Difference in the shift or time of the day worked

Anti-retaliation

An employer may not discharge or discriminate against any employee for exercising his or her rights under this section.

Other key provisions

Employees may disclose their own wages or inquire about other employee’s wages if the purpose of the disclosure or inquiry is to enforce the rights granted by the section (no obligation to disclose wages).

Maryland

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, gender identity

Key language on pay discrimination

An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type; or providing less favorable employment opportunities based on sex or gender identity.

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • Different required abilities or skills
  • Regular performance of different duties or services or
  • Different shifts or at different times of day
  • System which measures earnings by quantity or quality of production
  • Geographic locations outside of the employees county
  • Bona fide factor other than sex, such as education, training, or experience

Anti-retaliation

Employer may not take adverse employment action against an employee for: (1) discussing or disclosing her own wages or that of another; (2) inquiring about another's wages; (3) asking the employer to provide reasoning for her wages; or (4) aiding or encouraging another to exercise her rights under this section.

Other key provisions

  • Prohibits “providing less favorable employment opportunities”meaning employers may not: (1) assign or direct employee in to less favorable career track; (2) fail to disclose information on promotions and/or advancement; and (3) limit or deprive employee of employment opportunities.
  • May not require employee to sign a waiver denying her the right to disclose or discuss her wages.

Massachusetts

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex

Key language on pay discrimination

No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations[.]

Exceptions for pay disparities (including affirmative defenses)

  • Seniority (not including time spent on protected leave)
  • Merit system
  • System which measures earnings by quantity or quality of production or sales
  • Geographic location
  • Education, training or experience
  • Travel, if the travel is a regular and necessary condition of the job

Prohibition on salary history inquiry

May not request salary history from prospective employee or a current/former employer or require prior wages meet a certain criteria.

Anti-retaliation

May not discharge or retaliate against any employee for exercising rights under this statute.

Other key provisions

  • May not prohibit employee from inquiring about, discussing or disclosing information about her own wages or that of another
  • Affirmative defense available for employers that conduct self-evaluation and take steps to remedy pay disparities

Related articles

Michigan

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, religion, race, color, national origin, age, height, weight, marital status

Key language on pay discrimination

  • “An employer having employees subject to this act shall not discriminate between employees within an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions[.]”
  • “An employer shall not . . . discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, national origin, age, sex, height, weight, or marital status.”
  • “Any employer of labor in this state, employing both males and females, who shall discriminate in any way in the payment of wages as between sexes who are similarly employed, shall be guilty of a misdemeanor.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System that measures earnings by quantity or quality of production
  • Differential based on a factor other than sex

Other key provisions

Applies to employers with 2 or more employees at any time within a calendar year, and the employer is subject to the act during the remainder of the calendar year.

Related articles

Minnesota

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

May not differentiate pay on the basis of sex 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 than sex

Anti-retaliation

Shall not discriminate with regards to hire or tenure when an employee exercises her right under this section.

Other key provisions

  • Shall not reduce another's wages to comply with this section
  • State contractors must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights

Missouri

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, national origin, ancestry, age, disability

Key language on pay discrimination

  • “[N]o employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work[.]”
  • Unlawful for public employers and private employers with 6 or more employees to discriminate against any individual with respect to compensation on the basis of race, color, religion, national origin, sex, ancestry, age, or disability (does not apply to corporations and associations owned and operated by religious or sectarian groups

Exceptions for pay disparities (including affirmative defenses)

  • Seniority
  • Length of service
  • Ability
  • Skill
  • Difference in duties or services performed
  • Difference in shift or time of day work
  • Difference in hours of work
  • Restrictions or prohibitions on lifting or moving objects in excess of specified weight
  • Other reasonable differentiation
  • Factors other than sex

Montana

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

Unlawful to “employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment of any kind or description.”

Nebraska

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, disability, marital status, national origin

Key language on pay discrimination

  • “No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal work on jobs which require equal skill, effort and responsibility under similar working conditions.”
  • Unlawful employment practice to discriminate against any individual with respect to compensation because of the individual’s race, color, religion, sex, disability, marital status, or national origin

Exceptions for pay disparities (including affirmative defenses)

  • Established seniority system
  • Merit increase system
  • System which measures earnings by quantity or quality of production or any factor other than sex

Anti-retaliation

May not discharge or discriminate against an employee for exercising her rights under this law.

Other key provisions

  • Applies to private employers with 2 or more employees for each working date in each of 20 or more calendar weeks in the current or preceding calendar year and applies to all public employers
  • Cannot reduce wage rates of any employee to comply with this law

Nevada

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, sexual orientation, gender identity or expression, age, disability, or national origin

Key language on pay discrimination

  • “It is unlawful for any employer to discriminate between employees, employed within the same establishment, on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.”
  • Unlawful employment practice for an employer “to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin[.]”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • Compensation system under which wages are determined by the quality or quantity of production
  • Wage differential based on factors other than sex

Anti-retaliation

Prohibits employers, employment agencies, and labor organizations from discriminating against the inquiry, discussion, or voluntary disclosure of information on wages.

Related articles

New Hampshire

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, age, race, color, marital status, physical or mental disability, religious creed, national origin, sexual orientation

Key language on pay discrimination

  • “No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.”
  • “It shall be an unlawful discriminatory practice [f]or an employer, because of the age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.”

Exceptions for pay disparities (including affirmative defenses)

  • A seniority system
  • A merit or performance-based system
  • A system which measures earnings by quantity or quality or production
  • Expertise
  • Shift differentials
  • A demonstrable factor other than sex, such as education, training, or expertise

Anti-retaliation

  • Prohibits discharge or discrimination because an employee makes a charge, files a complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under this law or has testified or participated in any manner in an investigation, proceeding, hearing, or action
  • Prohibits discharge or discrimination against an employee who inquired about, discussed, or disclosed his or her wages or those of another employee

New Jersey

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces

Key language on pay discrimination

  • “No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex.”
  • Unlawful employment practice "[f]or an employer to pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility."

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • Differential based on one or more legitimate, bona fide factors other than the characteristics of members of the protected class (like training, education, experience, or the quantity or quality of production); the factor(s) are not based on, and do not perpetuate a differential in compensation based on sex or any other characteristic of a protected class; each of the factors is applied reasonably; one or more factors account for the entire wage differential; and the factors are job-related with respect to the position in question and based on a legitimate business necessity, where there is no alternative business practice that would serve the same business purpose without producing the wage differential

Prohibition on salary history inquiry

Public employers prohibited from inquiring about an applicant's current or previous salary history.

Anti-retaliation

  • Employers shall not discriminate againt or discharge an employee for exercising her rights under this law
  • Cannot take reprisals against an employee for requesting from, discussing with, or disclosing to another employee or former employee, a lawyer from whom the employee seeks legal advice, or any government agency, information related to employee compensation"

Other key provisions

Cannot require that an employee sign a waiver or agree not to make requests or disclosures concerning employee compensation as a condition of employment

Related articles

New Mexico

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, age, religion, color, national origin, ancestry, physical or mental handicap or serious medical condition, sexual orientation or gender identity (15 employees or more), spousal affiliation (50 employees or more)

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[.]”
  • 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

Anti-discrimination/anti-retaliation provision.

Other key provisions

  • Applies to employers with 4 or more employees
  • Discrimination on basis of sexual orientation or gender identity applies to employers with 15 or more employees
  • Discrimination on basis of spousal affiliation applies to employers with 50 or more employees

New York

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex, race (public employees), or ethnicity (public employees)

Key language on pay discrimination

Private employers must provide equal pay for “equal work on a job the performance of which requires equal skill, effort and responsibility, and which is 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
  • Bona fide factor other than sex, such as education, training, or experience
  • Geographic region (no larger than a county)

Prohibition on salary history inquiry

  • No employee shall be required to disclose her wages.
  • Prohibits state employers/entities from asking or mandating that an applicant for employment provide compensation history until the applicant is extended a conditional offer of employment. After that, can request and verify the information.
  • Employers in Albany County are prohibited from asking about a job applicant's salary history.
  • Employers in Westchester County are prohibited from asking a job applicant's salary history.
  • Illegal for any employer or employment agency in New York City to ask about an applicant’s salary history, including benefits, or search any publicly available records to obtain any such information.
  • Employers in Suffolk County are prohibited from asking a job applicant's salary history.

Other key provisions

Employers cannot prohibit employees from inquiring about, discussing, or disclosing the wages of the employee or other employees.

Related articles

North Dakota

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, national origin, age, mental or physical disability, marital status, status with regard to public assistance

Key language on pay discrimination

  • “An employer may not discriminate between employees in the same establishment on the basis of gender, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.”
  • It is a discriminatory practice for an employer to fail or refuse to hire an individual; to discharge an employee; or to accord adverse or unequal treatment to an individual or employee with respect to ... compensation….” on the basis of race, color, religion, sex, national origin, age, mental or physical disability, marital status, status with regard to public assistance, or ""participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests to the employer”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • System that measures earnings by quantity or quality of production
  • Merit system
  • Bona fide factor other than gender, such as education, training, or experience and which do not discriminate on the basis of gender
  • Quantity or quality of production
  • Geographic location

Anti-retaliation

May not discharge or discriminate against an employee for exercising her rights under this law.

Ohio

  • Gender, plus Other Protected Categories

Statute

Classes protected

Race, color, religion, sex, age, national origin, ancestry

Key language on pay discrimination

“No employer . . . shall discriminate in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System which measures earnings by the quantity or quality of production
  • Any factor other than race, color, religion, sex, age, national origin, or ancestry

Oklahoma

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, national origin, age, genetic information, disability

Key language on pay discrimination

  • Unlawful for any employer “to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility[.]”
  • Discriminatory practice “to discriminate against an individual with respect to compensation . . . because of race, color, religion, sex, national origin, age, genetic information or disability[.]”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System which measures earnings by quantity or quality of production
  • Employees work in different locations
  • Differences are not the result of an intent to discriminate
  • Differences are otherwise required or permitted by the laws of Oklahoma, the Civil Rights Act, or the FLSA
  • Differences based on any factor other than sex"

Anti-retaliation

Prohibits retaliation (implied by penalties).

Oregon

  • Gender, plus Other Protected Categories
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex, race, color, religion, sexual orientation, national origin, marital status, veteran status, disability, age (18 or older), or the same categories of a person with whom the individual associates

Key language on pay discrimination

  • No employer shall "discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills" or "pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages to employees of a protected class for work of comparable character"
  • Unlawful employment practice “[f]or an employer, because of an individual’s race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, national origin, marital status or age of any other person with whom the individual associates, or because of an individual’s juvenile record that has been expunged . . . to discriminate against the individual in compensation[.]”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority
  • Merit system
  • Quantity or quality of production (including piece-rate work)
  • Workplace locations
  • Travel, if necessary and regular
  • Education
  • Training
  • Experience
  • Any combination of the above-mentioned factors if the combination accounts for the entire compensation differential

Prohibition on salary history inquiry

  • “It is an unlawful practice . . . for an employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. This section is not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation.”
  • No employer shall "screen job applicants based on current or past compensation" or "determine compensation based upon current or past compensation."
  • Employers are prohibited from using prior compensation to set pay, except for current employees moving to a new position with the same employer.

Anti-retaliation

Prohibits retaliation for filing a complaint or for testifying, is about to testify, or because employer believes employee may testify in an investigation, proceeding, or criminal action.

Other key provisions

May maintain an action by one or more employees on behalf of themselves or other employees similarly situated (collective action).

Related articles

Pennsylvania

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

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 such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he 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
  • Differences based on any factor other than sex

Prohibition on salary history inquiry

Pittsburgh prohibits the city from asking about a job applicant's salary history and relying on wage history in the employment process, unless the applicant volunteered the information.

Anti-retaliation

Prohibits retaliation (implied by penalties).

Related articles

Peurto Rico

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Puerto Rico Equal Pay Act – Act 16 (3/8/17)

Classes protected

Sex

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.

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System which measures earnings by quantity or quality of production
  • Pay differential based on a factor other than sex

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, in which case the employer can inquire or confirm salary history.

Anti-retaliation

Cannot retaliate against employees for exercising rights under the law.

Rhode Island

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, religion, sexual orientation, gender identity or expression, disability, age, country of ancestral origin

Key language on pay discrimination

  • “No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations.”
  • Unlawful employment practice for any employer, because of the employee's race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, to “discriminate against him or her with respect to . . . compensation[.]”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority
  • Experience
  • Training
  • Skill
  • Ability
  • Duties and services performed, either regularly or occasionally
  • Shift or time of day worked
  • Availability for other operations or any other reasonable differentiation except difference in sex

Anti-retaliation

Prohibits retaliation (implied by penalties).

South Carolina

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, religion, color, age, national origin, disability

Key language on pay discrimination

Unlawful employment practice to "discriminate against an individual with respect to the individual’s compensation or terms, conditions, or privileges of employment because of the individual's race, religion, color, sex, age, national origin, or disability."

Exceptions for pay disparities (including affirmative defenses)

  • A bona fide seniority or merit system
  • A system that measures earnings by quantity or quality of production
  • Different work locations"

South Dakota

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, creed, religion, ancestry, disability, national origin

Key language on pay discrimination

  • “No employer may discriminate between employees on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength.”
  • “It is an unfair or discriminatory practice for any person, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to … accord adverse or unequal treatment to any person or employee with respect to … compensation...”

Exceptions for pay disparities (including affirmative defenses)

Any of the following which do not discriminate on the basis of sex:

  • Established seniority systems
  • Job descriptive systems
  • Merit increase systems
  • Executive training programs

Anti-retaliation

Prohibits retaliation.

Tennessee

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, creed, color, religion, age, national origin

Key language on pay discrimination

  • “No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions.”
  • It is a discriminatory practice for an employer to “[f]ail or refuse to hire or discharge any person or otherwise to discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, creed, color, religion, sex, age or national origin.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System that measures earnings by quality or quantity of production
  • Any other reasonable differential that is based on a factor other than sex

Anti-retaliation

Prohibits retaliation against an employee who invokes or assists in any manner enforcement of this law.

Texas

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, disability, religion, national origin, age

Key language on pay discrimination

  • “A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex.”
  • “An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer . . . discriminates in any other manner against an individual in connection with compensation[.]”

Utah

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, race, color, pregnancy, childbirth, or pregnancy-related conditions, age (40 or older), religion, national origin, disability, sexual orientation, or gender identity

Key language on pay discrimination

Discriminatory or prohibited employment practice for an employer to “discriminate in matters of compensation” because of any of the protected categories.

Vermont

  • Gender-specific
  • Salary History Inquiry Ban (State and/or Local Law)

Statute

Classes protected

Sex

Key language on pay discrimination

Unlawful employment practice for an employer “to discriminate between employees on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System in which earnings are based on quantity or quality of production
  • Bona fide factor other than sex (employer must demonstrate that the factor does not perpetuate a sex-based differential in compensation, is job-related with respect to the position in question, and is based upon a legitimate business consideration)

Prohibition on salary history inquiry

  • Employers are prohibited from inquiring about or seeking information regarding a prospective employee's current or past compensation from a current or former employer
  • Employers cannot require that current or past compensation satisfy minimum or maximum criteria
  • Employers cannot determine whether to interview a prospective employee based on current or past compensation
  • If a prospective employee voluntarily discloses information about current or past compensation after the employer makes an offer of employment with compensation, the employer may seek to confirm the information

Anti-retaliation

Prohibits retaliation against an employee who has opposed any act or practice prohibited under this law, lodged a complaint or testified in an investigation of prohibited acts or practices, is known by the employer to be about to lodge a complaint or testify, has disclosed wages or inquired about or discussed wages of other employees, or is believed by the employer to have done any of these things.

Other key provisions

  • Employers cannot require that employees refrain from disclosing the amount of their wages or from inquiring about or discussing the wages of other employees.
  • Employers cannot require employees to sign a waiver that denies the right to disclose wages or inquire or discuss the wages of other employees.

Virginia

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

“No employer having employees shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he 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

Other key provisions

Section does not apply to employers covered by the FLSA.

Washington

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, age, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, presence of any 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 gender between similarly employed employees of the employer is guilty of a misdemeanor."
  • “An employer may not, on the basis of gender, 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 . . . because of . . . sex[.]”

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 differential; 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

Anti-retaliation

Prohibits discharge or retaliation against an employee for discussing 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.

Other key provisions

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 document that prevents them from disclosing wages.

Related articles

West Virginia

  • Gender-specific

Statute

Classes protected

Sex

Key language on pay discrimination

  • “No [private] employer shall: (a) in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; (b) pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of a comparable character, the performance of which requires comparable skills.”
  • “No [public] employer shall: (1) in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; or (2) pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills.”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system that does not discriminate on the basis of sex
  • Merit system that does not discriminate on the basis of sex
  • System that measures earnings by quantity or quality of production
  • Based in good faith on factors other than sex

Anti-retaliation

Prohibits retaliation against an employee who filed a complaint, testified or is about to testify or the employer believes that the employee may testify, in any investigation or proceedings under this article or a criminal action under this article.

Wisconsin

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, age, race, creed, color, disability, marital status, national origin, ancestry, sexual orientation, arrest record, conviction record, military service

Key language on pay discrimination

  • Act of employment discrimination to discriminate against any individual in compensation based on any protected characteristic
  • Employment discrimination because of sex includes discriminating against any individual in “compensation”

Exceptions for pay disparities (including affirmative defenses)

Sex is a bona fide occupational qualification.

Related articles

Wyoming

  • Gender, plus Other Protected Categories

Statute

Classes protected

Sex, age, race, creed, color, national origin, ancestry or pregnancy

Key language on pay discrimination

  • “No employer shall discriminate, within the same establishment in which the employees are employed, between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions[.]”
  • Employment discrimination because of age, sex, race, creed, color, national origin, ancestry, or pregnancy includes discriminating against any individual in “matters of compensation”

Exceptions for pay disparities (including affirmative defenses)

  • Seniority system
  • Merit system
  • System which measures earning by quantity or quality of production
  • Differential based on any other factor other than gender

Anti-retaliation

Prohibits retaliation (implied by penalties).

Main Map
Back to Page