Power. Protections. Equal pay.
Now is the time to address equity in wages. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive. Together, we can close the gender and racial wage gap.
Featured Resources
- An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data and Executive Summary. This report was developed by the Census Bureau and the Women’s Bureau and funded in whole or in part by the U.S. Department of Labor.
- Gender-Based Pay Disparity Study. This report was developed by 2M Research and funded in whole or in part by the U.S. Department of Labor.
Spotlight
Compare women’s and men’s median earnings in over 350 occupations using our interactive tool.
Toolkit
Download resources and graphics for talking about pay equity in your community.
Map: Equal Pay and Pay Transparency Protections
This map provides information on federal and state-level equal pay and pay transparency protections for workers. More information about protection, coverage and available remedies are listed in an accompanying table at the link below.
View the full text of protections shown in the map
| State | Pay Transparency Laws Summary | Equal Pay Laws Summary |
|---|---|---|
| ALABAMA | Only federal protections apply. See federal law summary. |
Clarke-Figures Equal Pay Act Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Ala. Code § 25-1-20(2). The Act also applies to the state or any of its political subdivisions, including public bodies. Ala. Code § 25-1-30(b). Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Ala. Code § 25-1-30(d). Clarke-Figures Equal Pay Act Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Ala. Code § 25-1-20(2). The Act also applies to the state or any of its political subdivisions, including public bodies. Ala. Code § 25-1-30(b). Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Ala. Code § 25-1-30(d). |
| ALASKA | Only federal protections apply. See federal law summary. | Arkansas Wage Discrimination Law Protection: 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 sex of the employee. Ark. Code Ann. § 11-4-601(a). Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B). Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Ark. Code Ann. § 11-4-601(b). Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: 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. Ark. Code Ann. § 11-4-610. Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B). Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Ark. Code Ann. § 11-4-608. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorney’s fee and court costs. Ark. Code Ann § 11-4-611(a), (b)(1)(3). Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. Ark. Code Ann. § 16-123-107(a)(1). Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. See Holt v. Deer-Mt. Judea Sch. Dist., 135 F. Supp. 3d 898 (W.D. Ark. 2015) (applying “paycheck rule” to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Coverage: Applies to any employer who employs 9 or more employees. Ark. Code Ann. § 16-123-102(6). The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. Ark. Code Ann. § 16-123-102(4)(A)-(C). Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney’s fee. Ark. Code Ann. § 16-123-107(c)(1)(A). Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Ark. Code Ann. § 16-123-107(c)(2)(A). |
| ARIZONA | Only federal protections apply. See federal law summary. | |
| ARKANSAS | Only federal protections apply. See federal law summary. | Arkansas Wage Discrimination Law Protection: 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 sex of the employee. Ark. Code Ann. § 11-4-601(a). Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B). Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Ark. Code Ann. § 11-4-601(b). Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: 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. Ark. Code Ann. § 11-4-610. Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B). Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Ark. Code Ann. § 11-4-608. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorney§s fee and court costs. Ark. Code Ann § 11-4-611(a), (b)(1)(3). Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. Ark. Code Ann. § 16-123-107(a)(1). Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. See Holt v. Deer-Mt. Judea Sch. Dist., 135 F. Supp. 3d 898 (W.D. Ark. 2015) (applying §paycheck rule§ to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Coverage: Applies to any employer who employs 9 or more employees. Ark. Code Ann. § 16-123-102(6). The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. Ark. Code Ann. § 16-123-102(4)(A)-(C). Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney§s fee. Ark. Code Ann. § 16-123-107(c)(1)(A). Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Ark. Code Ann. § 16-123-107(c)(2)(A). |
| CALIFORNIA | California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employee§s own wages, discussing the wages of others, or inquiring about another employee§s wages. Cal. Lab. Code § 1197.5(k)(1). Coverage: Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. § 12571. Cal. Lab. Code § 1171. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Cal. Lab. Code § 1197.5(k)(2). California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Cal. Lab. Code § 232(a)-(c). Coverage: Applies to all employees. Cal. Lab. Code § 200. Remedies: An individual may bring a civil action without exhausting administrative remedies. Cal. Lab. Code § 244(a). If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Cal. Lab. Code § 243(a)-(b). | California Equal Pay Act Protection: 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. Cal. Lab. Code § 1197.5(a). Prior salary shall not justify any disparity in compensation. Cal. Lab. Code § 1197.5(b)(4). Coverage: Applies to public and private employers. Cal. Lab. Code § 1197.5(1). Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. § 12571. Cal. Lab. Code § 1171. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Cal. Lab. Code § 1197.5(c). The employee may also recover the costs of the suit and reasonable attorney§s fees. Cal. Lab. Code § 1197.5(h). California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the person§s sex. Cal. Gov§t Code § 12940(a). Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. Cal. Gov§t Code § 12926(d). Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Cal. Gov§t Code § 12965(c). |
| COLORADO | Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee§s wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Colo. Rev. Stat. § 24-34-402(1)(i). Coverage: Applies to all employees except individuals in the domestic service of any person. Colo. Rev. Stat. § 24-34-401(2). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Colo. Rev. Stat. § 24-34-401(3). Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Colo. Rev. Stat. § 24-34-306(9). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Colo. Rev. Stat. § 24-34-405(2)(a)(I)-(III). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Colo. Rev. Stat. § 24-34-405(3)(a). | Equal Pay for Equal Work Act Protection: 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. Colo. Rev. Stat. § 8-5-102. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Colo. Rev. Stat. § 8-5-101(5). Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. Colo. Rev. Stat. § 8-5-103. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employee§s reasonable costs, including attorney fees. Colo. Rev. Stat. § 8-5-104. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. Colo. Rev. Stat. § 24-34-402(1)(a). Coverage: Applies to all employees except individuals in the domestic service of any person. Colo. Rev. Stat. § 24-34-401(2). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Colo. Rev. Stat. § 24-34-401(3). Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Colo. Rev. Stat. § 24-34-306(9). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Colo. Rev. Stat. § 24-34-405(2)(a)(I)-(III). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Colo. Rev. Stat. § 24-34-405(3)(a). |
| CONNECTICUT | Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Conn. Gen. Stat. § 31-40z(b)(1)-(4), (6)-(7). Coverage: Applies to individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Conn. Gen. Stat. § 31-40z(a)(1). Remedies: An employer who violates this provision may be found liable for compensatory damages, attorney§s fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Conn. Gen. Stat. § 31-40z(d). | Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Conn. Gen. Stat. § 31-75(a). Coverage: Applies to all employers, including the state, and to all employees. Conn. Gen. Stat. § 31-71a(1)-(2). Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Conn. Gen. Stat. § 31-71g. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individual§s sex. Conn. Gen. Stat. § 46a-60(a)(1). Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Conn. Gen. Stat. § 46a-51(9). Applies to all employers, including the state, that employ 3 or more persons. Conn. Gen. Stat. § 46a-51(10). Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. Conn. Gen. Stat. § 46a-86(a)-(b). In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorney§s fees and costs. Conn. Gen. Stat. § 46a-86(c). Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employee§s wage and salary history unless a prospective employee has voluntarily disclosed such information. Conn. Gen. Stat. § 31-40z(b)(5). Coverage: Applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Conn. Gen. Stat. § 31-40z(a)(1). Remedies: An employer who violates this provision may be found liable for compensatory damages, attorney§s fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Conn. Gen. Stat. § 31-40z(d). |
| DELAWARE | Delaware Antidiscrimination Act Protection: It shall be an unlawful employment practice for an employer to: require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. Del. Code Ann. tit. 19 § 711(i)(1)-(3). Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Del. Code Ann. tit. 19 § 710(6)(a)-(d). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. § 511(a). Del. Code Ann. tit. 19 § 710(7). Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorney§s fees to the prevailing party. Del. Code Ann. tit. 19 § 715(1)(a)-(d). | Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual§s sex, including pregnancy, or gender identity. Del. Code Ann. tit. 19 § 711(a)(1). Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Del. Code Ann. tit. 19 § 710(6)(a)-(d). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. § 511(a). Del. Code Ann. tit. 19 § 710(7). Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorney§s fees to the prevailing party. Del. Code Ann. tit. 19 § 715(1)(a)-(d). Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. Del. Code Ann. tit. 19 § 1107A(a). Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Del. Code Ann. tit. 19 § 1101(a)(3). Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. Del. Code Ann. tit. 19 § 1112(a). An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorney§s fees, all to be paid by the employer. Del. Code Ann. tit. 19 § 1113(a), (c). General Provisions of Delaware§s Labor Code Protection: It shall be an unlawful employment practice for an employer or an employer§s agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicant§s prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Del. Code Ann. tit. 19 § 709B(b)(1)-(2). Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Del. Code tit. 18 § 709A(a)(4). Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. Del. Code Ann. tit. 19 § 709B(h)(1). A civil penalty claim may be filed in any court of competent jurisdiction. Del. Code Ann. tit. 19 § 709B(h)(3). |
| DISTRICT OF COLUMBIA | D.C. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employee§s wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who inquires about, discloses, compares, or otherwise discusses the employee§s wages or the wages of another employee or is believed by the employer to have done so. D.C. Code. § 32-1452(1)-(2). Coverage: Applies to all employees and employers, but does not include the District or the federal government. D.C. Code § 32-1451(1)-(2). Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. D.C. Code § 32-1455(a), (c). | D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. D.C. Code § 2-1402.11(a)(1). Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employer§s household. D.C. Code § 2-1401.02(10). Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. D.C. Code § 2-1403.13(a)(1)(A),(D)-(F). |
| FLORIDA | Only federal protections apply. See federal law summary. | Florida Equal Pay Statute Protection: 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, responsibility, and which are performed under similar working conditions. Fla. Stat. § 448.07(2)(a). Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Fla. Stat. § 448.07(1)(a)-(b). However, this statute does not apply to employers subject to the Fair Labor Standards Act. Fla. Stat. § 448.07(4). Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorney§s fee. Fla. Stat. § 448.07(3). Florida Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual§s sex or pregnancy. Fla. Stat. § 760.10(1)(a). Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Fla. Stat. § 760.10(7), (9). Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. The court may also allow the prevailing party a reasonable attorney§s fee. Fla. Stat. § 760.11(5). |
| GEORGIA | Only federal protections apply. See federal law summary. | Georgia Pay Equity Act Protection: 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 pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Ga. Code Ann. § 34-5-3(a). Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Ga. Code Ann. § 34-5-2(3). The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Ga. Code Ann. § 34-5-2(4). Remedies: An employer who violates this Act shall be liable for the amount of the affected employee§s unpaid wages; the court shall also allow costs of the action and a reasonable attorney§s fee not to exceed 25% of the judgment to be paid by the employer. Ga. Code Ann. § 34-5-5(a). Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individual§s compensation because of such individual§s sex. Ga. Code Ann. § 45-19-29(1). Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. Ga. Code Ann. § 45-19-22(5). Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Ga. Code Ann. § 45-19-38(b), (c)(1). Additionally, any monetary award ordered shall be for actual damages only. Ga. Code Ann. § 45-19-38(d). |
| HAWAII | Only federal protections apply. See federal law summary. | Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees 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 are performed under similar working conditions. Haw. Rev. Stat. § 378-2.3. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Haw. Rev. Stat. § 378-1. The law does not apply to individuals employed as domestic servants. Haw. Rev. Stat. § 378-1. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. Haw. Rev. Stat. § 378-5(a). In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Haw. Rev. Stat. § 378-5(b). In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorney§s fees. Haw. Rev. Stat. § 378-5(c). Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Haw. Rev. Stat. § 387-4. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Haw. Rev. Stat. § 387-1. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individual§s sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. Haw. Rev. Stat. § 387-1. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Haw. Rev. Stat. § 387-12(a)(2), (a)(4). Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Haw. Rev. Stat. § 387-12(d)(1). |
| IDAHO | Only federal protections apply. See federal law summary. | Idaho Equal Pay Law Protection: No employer shall discriminate between or among employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays an employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Idaho Code Ann. § 44-1702(1). Coverage: Applies to all employers and their agents, including the state, and to all employees. Idaho Code Ann. § 44-1701(1)-(2). Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Idaho Code Ann. § 44-1704(1). In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorney§s fee and costs of the action to be paid. Idaho Code Ann. § 44-1704(2). Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. Idaho Code Ann. § 67-5909(1). Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the person§s household. Idaho Code Ann. § 67-5902(6). The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. Idaho Code Ann. § 67-5902(6)(a)-(c). Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. Idaho Code Ann. § 67-5908(3)(a)-(e). |
| ILLINOIS | Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employee§s wages or the wages of any other employee. 820 Ill. Comp. Stat. 112/10(b). Coverage: Applies to all employees and employers, including the state. 820 Ill. Comp. Stat. 112/5. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees § first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees § first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 820 Ill. Comp. Stat. 112/30(c)(1)-(2). Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. 820 Ill. Comp. Stat. 112/30(c). | Illinois Equal Pay Act of 2003 Protections: 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. 820 Ill. Comp. Stat. 112/10(a). It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 820 Ill. Comp. Stat. 112/10(b-5). It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicant§s wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. 820 Ill. Comp. Stat. 112/10(b-10)(1)-(2). Coverage: Applies to all employees and employers, including the state. 820 Ill. Comp. Stat. 112/5. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorney§s fees as may be allowed by the court and as necessary to make the employee whole. 820 Ill. Comp. Stat. 112/30(a). If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorney§s fees as may be allowed by the court and as necessary to make the employee whole. 820 Ill. Comp. Stat. § 112/30(a-5). Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees § first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees § first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 820 Ill. Comp. Stat. 112/30(c)(1)-(2). Illinois Equal Wage Act Protection: An employer engaged in the manufacture of any article shall not pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture. 820 Ill. Comp. Stat. 110/1. Coverage: Applies to any employer of 6 or more persons in the state. 820 Ill. Comp. Stat. 110/1. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. 820 Ill. Comp. Stat. 110/1. Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. 820 Ill. Comp. Stat. 125/2. An §oppressive and unreasonable wage§ means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. Coverage: No specific coverage provision. Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. 820 Ill. Comp. Stat. 125/15(2). Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. 775 Ill. Comp. Stat. 5/2-102(A). While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. See, e.g., Northtown Ford v. Ill. Human Rights Comm§n, 525 N.E.2d 1215, 1221 (Ill. App. Ct. 1988) (§Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.§); Sokn v. Fieldcrest Comm. Unit Sch. Dist. No. 8, 2011 WL 2533793, at *7 (C.D. Ill. June 27, 2011). Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. 775 Ill. Comp. Stat. 5/2-101(A)(1)(a)-(c). The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. 775 Ill. Comp. Stat. 5/2-101(B)(1)(a), (c)-(e). However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. 775 Ill. Comp. Stat. 5/2-101(B)(2). Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainant§s actual damages and back pay from the date of the civil rights violation. 775 Ill. Comp. Stat. 5/8A-104(A)-(C), (G), (J). |
| INDIANA | Only federal protections apply. See federal law summary. | Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees 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 which are performed under similar working conditions. Ind. Code § 22-2-2-4(d). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Ind. Code § 22-2-2-3. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Ind. Code § 22-2-2-3. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorney§s fees and costs of the action. Ind. Code § 22-2-2-9. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Ind. Code § 22-2-2-11(a)(3)(b). An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Ind. Code § 22-2-2-11(a)(3)(c). Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Ind. Code § 22-9-1-3(l)(1), (q)(2). Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Ind. Code § 22-9-1-3(h)(1)-(3). Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Ind. Code § 22-9-1-3(i)(1)-(2). Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainant§s losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Ind. Code § 22-9-1-6(j)(1)-(3). |
| IOWA | Only federal protections apply. See federal law summary. | Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held 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. Iowa Code § 70A.18. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Iowa Code § 70A.18. Remedies: No specific provision of remedies for violation. Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Iowa Code § 216.6A(2)(a). Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employer§s family are not considered employees. Iowa Code § 216.6A(4). Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. Iowa Code § 216.15(9)(a)(1), (6)-(8). Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Iowa Code § 216.15(9)(a)(9)(a)-(b). |
| KANSAS | Only federal protections apply. See federal law summary. | Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid 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. Kan. Stat. § 44-1205. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Kan. Stat. § 44-1202(d). The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. Kan. Stat. § 44-1202(e). Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Kan. Stat. § 44-1210(a). Any employer who pays an employee less than the wages to which such employee is entitled shall be liable to the employee for the full amount of such wages and for costs and reasonable attorney fees as may be allowed by the court. Kan. Stat. § 44-1211(a). Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. Kan. Stat. § 44-1009(a)(1). Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Kan. Stat. § 44-1002(b). The Act does not protect any individual employed by such individual§s parents, spouse, or child or in the domestic service of any person. Kan. Stat. § 44-1002(c). Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. Kan. Stat. § 44-1005(k). |
| KENTUCKY | Only federal protections apply. See federal law summary. | Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee 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. Ky. Rev. Stat. Ann. § 337.423(1). Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. Ky. Rev. Stat. Ann. §§ 337.420(1)-(2), 337.423(1). Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Ky. Rev. Stat. Ann. § 337.427(1). Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individual§s sex. Ky. Rev. Stat. Ann. § 344.040(1)(a). Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Ky. Rev. Stat. Ann. § 344.030(2)(a)-(b). Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Ky. Rev. Stat. Ann. § 344.030(5). Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Ky. Rev. Stat. Ann. § 344.230(2)-(3)(a), (e)-(f), (h). Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. Ky. Rev. Stat. Ann. § 244.230(4). |
| LOUISIANA | Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. La. Rev. Stat. Ann. § 23:644(D). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. La. Rev. Stat. Ann. § 23:663(2). The Act also applies to any organizational unit of the state. La. Rev. Stat. Ann. § 23:663(3). Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. La. Rev. Stat. Ann. § 23:666(A). | Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid 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. La. Rev. Stat. Ann. § 23:664(A). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. La. Rev. Stat. Ann. § 23:663(2). The Act also applies to any organizational unit of the state. La. Rev. Stat. Ann. § 23:663(3). Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. La. Rev. Stat. Ann. § 23:666(A). Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. It shall be unlawful discrimination in employment for an employer 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. La. Rev. Stat. Ann. § 23:332(A)(3). Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. La. Rev. Stat. Ann. § 23:302(2)(a)-(b). Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303(A). Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. La. Rev. Stat. Ann. § 23:342(1). Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. La. Rev. Stat. Ann. § 23:302(2)(a)-(b). Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303(A). |
| MAINE | Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Me. Rev. Stat. tit. 26, § 628. Coverage: The law does not apply to family members. Me. Rev. Stat. tit. 26, § 623. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Me. Rev. Stat. tit. 26, § 626-A. | Maine Equal Pay Law Protection: An employer may not discriminate between employees on the basis of sex by paying wages to any employee 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. Me. Rev. Stat. tit. 26, § 628. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employer§s inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Me. Rev. Stat. tit. 5 § 4577. Coverage: The law does not apply to family members. Me. Rev. Stat. tit. 26, § 623. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Me. Rev. Stat. tit. 26, § 626-A. Maine Human Rights Act Protection: It is unlawful employment discrimination, except when based on a bona fide occupational qualification, for any employer to discriminate with respect to compensation because of sex. Me. Rev. Stat. tit. 5, § 4572(1)(A). The Act defines §sex§ to include pregnancy and medical conditions which result from pregnancy. Me. Rev. Stat. tit. 5, § 4572-A(1). Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employer§s inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Me. Rev. Stat. tit. 5 § 4577. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Me. Rev. Stat. tit. 5, § 4553(3). The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. Me. Rev. Stat. tit. 5, § 4553(4). Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Me. Rev. Stat. tit. 5, § 4613(2)(B)(1), (2), (7), and (8). |
| MARYLAND | Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. Md. Code Ann., Lab. & Empl. § 3-304.1(a)(1). An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Md. Code Ann., Lab. & Empl. § 3-304.1(a)(2)-(3). Coverage: Applies to all employers and their agents, including the state. Md. Code Ann., Lab. & Empl. § 3-301(b)(1)-(2). Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Md. Code Ann., Lab. & Empl. § 3-307(a)(2). If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Md. Code Ann., Lab. & Empl. § 3-307(e). If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Md. Code Ann., Lab. & Empl. § 3-308(d)(2)(i). | Maryland Equal Pay for Equal Work Law Protection: 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. Md. Code Ann., Lab. & Empl. § 3-304(b)(1)(i). Coverage: Applies to all employers and their agents, including the state. Md. Code Ann., Lab. & Empl. § 3-301(b)(1)-(2). Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Md. Code Ann., Lab. & Empl. § 3-307(a)(1). If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Md. Code Ann., Lab. & Empl. § 3-307(e). If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Md. Code Ann., Lab. & Empl. § 3-308(d)(2)(i). Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individual§s compensation because of the individual§s sex. Md. Code Ann., State Gov§t § 20-505(a)(1)(i). Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Md. Code Ann., State Gov§t § 20-601(c)(1)-(2). The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. Md. Code Ann., State Gov§t § 20-601(d)(1)-(3). This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Md. Code Ann., State Gov§t § 20-604. Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. Md. Code Ann. § 20-1009(a)(2)(i)-(ii). The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. |
| MASSACHUSETTS | Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee§s own wages, or about any other employee§s wages. Mass. Gen. Laws ch. 149 § 105A(c)(1). Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Mass. Gen. Laws ch. 149, § 1. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Mass. Gen. Laws ch. 149, § 105A. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Mass. Gen. Laws ch. 149, § 105B. | Massachusetts Equal Pay Law Protection: 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. Mass. Gen. Laws ch. 149, § 105A. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Mass. Gen. Laws ch. 149, § 1. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Mass. Gen. Laws ch. 149, § 105A. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Mass. Gen. Laws ch. 149, § 105B. Massachusetts Anti-Discrimination Law Protection: It shall be an unlawful practice for an employer, because of the sex or gender identity of an individual, to discriminate against such individual in compensation. Mass. Gen. Laws ch. 151B, § 4(1). Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Mass. Gen. Laws ch. 151B, § 1(5)-(6). Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Mass. Gen. Laws. ch. 151B, § 5. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Mass. Gen. Laws ch 151B, § 5. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Mass. Gen. Laws ch. 151B, § 5. |
| MICHIGAN | Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. Mich. Comp. Laws § 408.483a(1)(a)-(c). Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. §Employee§ means an individual employed by an employer. Mich. Comp. Laws § 408.471(c)-(d). Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Mich. Comp. Laws § 408.481(1). An employer who violates this law is guilty of a misdemeanor. Mich. Comp. Laws § 408.484. | Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Mich. Comp. Laws § 750.556. Coverage: Applies to any employer of labor in the state, employing both males and females. Mich. Comp. Laws § 750.556. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Mich. Comp. Laws § 750.556. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Mich. Comp. Laws § 37.2202(1)(a). Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Mich. Comp. Laws § 37.2201(a). Individuals employed by their parents, spouse, or child are not protected. Mich. Comp. Laws § 37.2202(3). Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. Mich. Comp. Laws § 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Executive Directive No. 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicant§s current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicant§s current or previous salary. Executive Directive No. 2019-10(1)(a)-(b). Information unintentionally discovered relating to an applicant§s salary history must not be used by the department or agency in an employment decision. Executive Directive No. 2019-10(2). Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. Executive Directive No. 2019-10(1). Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. Executive Directive No. 2019-10(7). |
| MINNESOTA | Minnesota Pay Transparency Law Protection: An employer shall not require nondisclosure by an employee of his or her wages as a condition of employment; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. Minn. Stat. § 181.172(a)(1)-(3). Coverage: No specific coverage provision. Remedies: An employee may bring a civil action against an employer for a violation of this law; if a court finds that an employer has violated the law, the court may order reinstatement, back pay, and the expungement of any related adverse records of an employee who was the subject of the violation. Minn. Stat. § 181.172(e). | Minnesota Equal Pay for Equal Work Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays 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. Minn. Stat. § 181.67(1). Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Minn. Stat. § 181.66(2). The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. Minn. Stat. § 181.66(3). Remedies: Any employee whose compensation is at a rate that is in violation of § 181.67 may recover against an employer the amount of the unpaid wages for the 1 year period preceding the commencement of the action, and an equivalent amount as exemplary damages. Minn. Stat. § 181.68(1). In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Minn. Stat. § 181.68(2). A violation of § 181.67 is a misdemeanor. Minn. Stat. § 181.70. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. Minn. Stat. § 363A.08(2)(3). Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Minn. Stat. § 363A.03(15); Minn. Stat. § 363A.20(1). The Act also applies to any employer who has 1 or more employees. Minn. Stat. § 363A.03(16). Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Minn. Stat. § 363A.29(3). The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Minn. Stat. § 363A.29(4)(a). |
| MISSISSIPPI | Only federal protections apply. See federal law summary. | Only federal protections apply. See federal law summary. |
| MISSOURI | Only federal protections apply. See federal law summary. | Missouri Equal Pay Law Protection: No 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. Mo. Rev. Stat. § 290.410. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Mo. Rev. Stat. § 290.400(2), (4). Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Mo. Rev. Stat. § 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individual§s compensation because of such individual§s sex. Mo. Rev. Stat. § 213.055.1(1)(a). Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. Mo. Rev. Stat. § 213.010(7). Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Mo. Rev. Stat. § 213.075.11(1). If, the commission does not act on an employee§s complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Mo. Rev. Stat. § 213.111.1-2. |
| MONTANA | Only federal protections apply. See federal law summary. | Montana Equal Pay Law Protection: It is unlawful for an employer 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. Mont. Code Ann. § 39-3-104(1). Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Mont. Code Ann. § 39-3-104(1). Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Mont. Code Ann. § 39-3-104(2). Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Mont. Code Ann. § 49-2-303(1)(a). Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Mont. Code Ann. § 49-2-101(10)(a), (11). Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employer§s future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Mont. Code Ann. § 49-2-506(1)(a)-(c). Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. Mont. Code Ann. § 49-2-601. |
| NEBRASKA | Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. Neb. Rev. Stat. § 48-1114(1)(d). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Neb. Rev. Stat. § 48-1102(2). The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Neb. Rev. Stat. § 48-1103(1)-(2). Remedies: No remedies specific to violations of this provision. | Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. Neb. Rev. Stat. § 48-1221(1). Coverage: Applies to any employer engaged in an industry who has 2 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Neb. Rev. Stat. § 48-1220(2). Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Neb. Rev. Stat. § 48-1223(1)-(2). Additionally, a court may order other affirmative action as appropriate. Neb. Rev. Stat. § 48-1223(5). Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Neb. Rev. Stat. § 48-1104(1). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Neb. Rev. Stat. § 48-1102(2). The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Neb. Rev. Stat. § 48-1103(1)-(2). Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Neb. Rev. Stat. § 48-1119(4). |
| NEVADA | Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. Nev. Rev. Stat. § 613.330(1)(c). Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Nev. Rev. Stat. § 613.310(2)(a)-(c). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Nev. Rev. Stat. § 613.320(1)(a)-(b). Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Nev. Rev. Stat. §§ 613.405, 613.420. The law does not provide for specific remedies or penalties for unlawful employment practices. See Nev. Rev. Stat. §§ 613.310-613.435. | Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees 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. Nev. Rev. Stat. § 608.17(1). Coverage: Applies to all employer and all employees. Nev. Rev. Stat. §§ 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. Nev. Rev. Stat. §§ 608.180, 608.195(2). Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Nev. Rev. Stat. § 613.330(1)(a). Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Nev. Rev. Stat. § 613.310(2)(a)-(c). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Nev. Rev. Stat. § 613.320(1)(a)-(b). Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Nev. Rev. Stat. §§ 613.405, 613.420. The law does not provide for specific remedies or penalties for unlawful employment practices. See Nev. Rev. Stat. §§ 613.310-613.435. |
| NEW HAMPSHIRE | New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. N.H. Rev. Stat. Ann. § 275:38-a(I)(b). No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. N.H. Rev. Stat. Ann. § 275:41-b(I)-(II). Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. N.H. Rev. Stat. Ann. § 275:36. Remedies: No remedies specific to violations of this provision. | New Hampshire Equal Pay Law Protection: No employer 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. N.H. Rev. Stat. Ann. § 275:37(I). Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. N.H. Rev. Stat. Ann. § 275:36. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. N.H. Rev. Stat. Ann. § 275:39. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. N.H. Rev. Stat. Ann. § 275:40. New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. N.H. Rev. Stat. Ann. §§ 354-A:7(I), 345-A:7(VI)(a). Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. N.H. Rev. Stat. Ann. § 354-A:2(VI)-(VII). Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. N.H. Rev. Stat. Ann. § 354-A:21(II)(d). |
| NEW JERSEY | New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. N.J. Stat. Ann. § 10:5-12(r). Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. N.J. Rev. Stat. Ann. § 10:5-5(e)-(f). Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a(a)-(c). | Diane B. Allen Equal Pay Act Protection: 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. N.J. Stat. Ann. § 34:11-56.2. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. N.J. Stat. Ann. § 34:11-56.1(a)-(b). Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorney§s fees as may be allowed by the court. N.J. Stat. Ann. § 34:11-56.8. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. N.J. Stat. Ann. § 34:11-56.6. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. N.J. Stat. Ann. § 10:5-12(a). Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. N.J. Stat. Ann. § 10:5-5(e)-(f). Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a(a)-(c). |
| NEW MEXICO | Only federal protections apply. See federal law summary. | New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that 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 are performed under similar working conditions. N.M. Stat. Ann. § 28-23-3(A). Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. N.M. Stat. Ann. § 28-23-2(D)-(E). Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. N.M. Stat. Ann. § 28-23-4(A)(1). The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. N.M. Stat. Ann. § 28-23-4(B). An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employee§s unpaid wages and the damages from retaliation; all other actual damages; and treble damages. N.M. Stat. Ann. § 28-23-6(A)(1)-(3). Additionally, the employer may also be liable to the employee for punitive damages. N.M. Stat. Ann. § 28-23-6(C). New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. N.M. Stat. Ann. § 28-1-7(A). Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. N.M. Stat. Ann. § 28-1-2(B), (E). Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorney§s fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. N.M. Stat. Ann. § 28-1-11(E) |
| NEW YORK | New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. N.Y. Lab. Law § 194(4)(a)-(b). Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. N.Y. Lab. Law § 190(3). Remedies: No specific remedies provision. | New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. N.Y. Lab. Law § 194(1). Coverage: Applies to all employers but does not apply to governmental agencies. N.Y. Lab. Law § 190(3). Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. N.Y. Lab. Law § 197. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. N.Y. Lab. Law § 198(1-a). Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. N.Y. Lab. Law § 198-a(1). New York Human Rights Law Protection: It is an unlawful discriminatory practice for an employer, because of an individual§s sex, to discriminate against such individual in compensation. N.Y. Exec. Law § 296(1)(a). Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. N.Y. Exec. Law § 292(5)-(6). Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. N.Y. Exec. Law § 297(4)(c)(i)-(ii), (vi). |
| NORTH CAROLINA | Only federal protections apply. See federal law summary. | North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. N.C. Gen. Stat. § 143-422.2. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Coverage: Applies to employers that regularly employer 15 or more employees. N.C. Gen. Stat. § 143-422.2. Remedies: No specific remedies provision. Executive Order No. 93 Protection: State agencies are prohibited from requesting salary history from applicants. State agencies may not rely upon previously obtained prior salary information in determining an applicant§s salary. Executive Order No. 93(3)(a). Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Executive Order No. 93(2). Remedies: The Executive Order does not create a private right of action. Executive Order No. 93(5)(a). |
| NORTH DAKOTA | Only federal protections apply. See federal law summary. | North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee 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. N.D. Cent. Code § 34-06.1-03(1). Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. N.D. Cent. Code § 34-06.1-02(2)-(3). Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. N.D. Cent. Code § 34-06.1-05(1). The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. N.D. Cent. Code § 34-06.1-05(2). Any employer who violates any provision of this law is guilty of a class B misdemeanor. N.D. Cent. Code § 34-06.1-09. North Dakota Human Rights Law Protection: It is a discriminatory practice for an employer to accord adverse or unequal treatment to an individual or employee with respect to compensation because of sex. N.D. Cent. Code § 14-02.4-03(1). Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officer§s political staff. N.D. Cent. Code § 14-02.4-02(7)-(8), (13). Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. N.D. Cent. Code § 14-02.4-20. |
| OHIO | Only federal protections apply. See federal law summary. | Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex 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. Ohio Rev. Code Ann. § 4111.17(A). Coverage: The terms §employer§ and §employee§ have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Ohio Rev. Code Ann. § 4111.14(B). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1). Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. Ohio Rev. Code Ann. § 4111.17(D). Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. Ohio Rev. Code Ann. §§ 4112.02(A), 4112.01(B). Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Ohio Rev. Code Ann. § 4112.01(A)(2)-(3). Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Ohio Rev. Code Ann. § 4112.99. |
| OKLAHOMA | Only federal protections apply. See federal law summary. | Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state 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. Okla. Stat. tit. 40, § 198.1. Coverage: Applies to any employer within the state. Okla. Stat. tit. 40, § 198.1. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. Okla. Stat. tit. 40, § 198.2. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Okla. Stat. tit. 25, §§ 1302(A)(1), 1301(6). Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Okla. Stat. tit. 25, § 1301(1)(a)-(b). However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Okla. Stat. tit. 25, §§ 1302(B), 1307. Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorney§s fee. Okla. Stat. tit. 25 § 1350(G)-(H). |
| OREGON | Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. Or. Rev. Stat. § 659A.355(1)(a). Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individual§s parents, spouse, or child, or any individual in the domestic service of any person. Or. Rev. Stat. § 659A.001(3)-(4)(a). Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Or. Rev. Stat. § 659A.885(1). | Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. Or. Rev. Stat. § 652.220(1)(a)-(d). Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Or. Rev. Stat. § 652.210(1)-(2). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Or. Rev. Stat. § 652.210(1). Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. Or. Rev. Stat. § 652.230(1)-(2). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Or. Rev. Stat. §§ 659 A.029, 659A.030(1)(b). Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individual§s parents, spouse, or child, or any individual in the domestic service of any person. Or. Rev. Stat. § 659A.001(3)-(4)(a). Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Or. Rev. Stat. § 659A.885(1). |
| PENNSYLVANIA | Only federal protections apply. See federal law summary. | Pennsylvania Equal Pay Law Protection: No employer shall discriminate 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. 43 Pa. Cons. Stat. § 336.3(a). Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. 43 Pa. Cons. Stat. § 336.2(a)-(b). Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. 43 Pa. Cons. Stat. § 336.5(a). Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. 43 Pa. Cons. Stat. § 336.8(a). Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 43 Pa. Cons. Stat. § 955(a). Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals§ parents, spouse, or child. 43 Pa. Cons. Stat. § 954(b)-(c). Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. 43 Pa. Cons. Stat. § 959(f)(1). An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employee§s complaint. 43 Pa. Cons. Stat. § 962(c)(1). |
| RHODE ISLAND | Only federal protections apply. See federal law summary. | Rhode Island Equal Pay Law Protection: 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. 28 R.I. Gen. Laws § 28-6-18(a). Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. 28 R.I. Gen. Laws § 28-6-17(b)-(c). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. 28 R.I. Gen. Laws § 28-6-20. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. 28 R.I. Gen. Laws § 28-6-21. Rhode Island Fair Employment Practices Act Protection: It is unlawful for any employer, because of an employee§s sex (including pregnancy), gender identity, or gender expression, to discriminate against him or her with respect to hire, compensation. 28 R.I. Gen. Laws §§ 28-5-6(2), 28-5-7(1)(ii). Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. 28 R.I. Gen. Laws § 28-5-6(7)-(8). Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorney§s fees may be granted for the employee. 28 R.I. Gen. Laws § 28-5-24(a)(1), (3). If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. 28 R.I. Gen. Laws § 28-5-24(b). In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. 28 R.I. Gen. Laws § 28-5-29.1. |
| SOUTH CAROLINA | Only federal protections apply. See federal law summary. | South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individual§s compensation because of the individual§s sex. S.C. Code Ann. § 1-13-80(A)(1). Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. S.C. Code Ann. § 1-13-30(d)-(e). Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offer§s personal staff. S.C. Code Ann. § 1-13-30(h). Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. S.C. Code Ann. § 1-13-90(d)(9). |
| SOUTH DAKOTA | Only federal protections apply. See federal law summary. | South Dakota Equal Pay for Equal Work Law Protection: No employer may discriminate between employees on the basis of sex, by paying wages to any employee 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. S.D. Codified Laws § 60-12-15. Coverage: No specific coverage provision. Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employee§s unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. S.D. Codified Laws § 60-12-18. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. S.D. Codified Laws § 20-13-10. Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. S.D. Codified Laws § 20-13-1(7), (11). Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. S.D. Codified Laws § 20-13-42. |
| TENNESSEE | Only federal protections apply. See federal law summary. | Tennessee Equal Pay Law Protection: No employer shall discriminate between employees 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. Tenn. Code Ann. § 50-2-202(a). Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. Tenn. Code Ann. § 50-2-201(3)-(4). Remedies: Any employer in violation shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional amount of unpaid wages as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(1). For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(2). For a third violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional three times the amount of unpaid wages as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(3). The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorney§s fee and cost of the action to be paid by the employer. Tenn. Code Ann. § 50-2-204(b). Any employer who violates this law commits a Class A misdemeanor. Tenn. Code Ann. § 50-2-206. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individual§s sex. Tenn. Code Ann. § 4-21-401(a)(1). Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. Tenn. Code Ann. §§ 4-21-102(5), 4-21-405. Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Tenn. Code Ann. § 4-21-305(b). Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorney§s fee. Tenn. Code Ann. § 4-21-306(a)(1), (7). There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. Tenn. Code Ann. § 4-21-313(a)(1)-(6), (b). |
| TEXAS | Only federal protections apply. See federal law summary. | Texas Equal Work, Equal Pay Law Protection: 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. Tex. Gov§t Code Ann. § 659.001. Coverage: No specific coverage provision. Remedies: No specific remedies provision. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. Tex. Lab. Code Ann. § 21.051(1). Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Tex. Lab. Code § 21.002(8)(A), (D). Individuals elected to public office may be considered employers, but are not considered employees. Tex. Lab. Code § 21.002(7), (8)(C). Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Tex. Lab. Code Ann. § 21.258(a)(1)-(2), (b)(1), (5)-(6). On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. Tex. Lab. Code Ann. § 21.2585(a)(1)-(2), (b)-(c). Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Tex. Lab. Code Ann. § 21.2585(d)(1)-(4). |
| UTAH | Only federal protections apply. See federal law summary. | Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Utah Code Ann. § 34A-5-106(1)(a)(i)(C), (J). Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Utah Code Ann. § 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorney§s fees, and costs. Utah Code Ann. § 34A-5-107(9)(a), (b)(i)-(iv). If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Utah Code. Ann. § 34A-5-107(10). The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Utah Code Ann. § 34A-5-107(17)(a). Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Utah Code Ann. § 67-19-4. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under § 67-19-12. See Utah Code Ann. § 67-19-3(3), (5), (10). Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. See Utah Code Ann. 67-19-12(a), (b), (g). Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Utah Code Ann. § 67-19-29. |
| VERMONT | Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. Vt. Stat. Ann. tit. 21, § 495(a)(7)(B)(i)(I)-(II). An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Vt. Stat. Ann. § 495(a)(8)(D). Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Vt. Stat. Ann. tit. 21, § 495d(1). Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Vt. Stat. Ann. § 495b(b). | Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity 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. Vt. Stat. Ann. tit. 21, § 495(a)(7). Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Vt. Stat. Ann. tit. 21, § 495d(1). Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Vt. Stat. Ann. § 495b(b). Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. Vt. Stat. Ann. § 495b(c). |
| VIRGINIA | Only federal protections apply. See federal law summary. | Virginia Equal Pay Law Protection: 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 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. Va. Code Ann. § 40.1-28.6. Coverage: Does not apply to employers covered by the Fair Labor Standards Act. Va. Code Ann. § 40.1-28.6. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1). Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Va. Code Ann. § 40.1-28.6. |
| WASHINGTON | Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee§s wages. Wash. Rev. Code Ann. § 49.58.040(1)(a)-(b). An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employee§s wages or the wages of any other employee. Wash. Rev. Code Ann. § 49.58.040(2)(a). Coverage: Applies to any employer, including the state. Wash. Rev. Code Ann. § 49.58.010(5). Remedies: An employee may bring a civil action against an employer for violation of this provision for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys§ fees. Wash. Rev. Code Ann. § 49.58.070(1). | Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. Wash. Rev. Code § 49.58.020(1). An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicant§s prior wage or salary history meet certain criteria. Wash. Rev. Code Ann. § 49.58.100(1)(a)-(b). Coverage: Applies to all employers, including the state, and all employees. Wash. Rev. Code Ann. § 49.58.010(4)-(5). Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys§ fees. Wash. Rev. Code §§ 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Wash. Rev. Code § 49.60.180(3). Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Wash. Rev. Code § 49.60.040(10)-(11). Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Wash. Rev. Code Ann. § 49.60.250(5). |
| WEST VIRGINIA | Only federal protections apply. See federal law summary. | West Virginia Equal Pay for Equal Work Law Protection: No employer shall 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 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 comparable character, the performance of which requires comparable skills. W. Va. Code § 21-5B-3(1)(a)-(b). Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. W. Va. Code § 21-5B-1(1). Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. W. Va. Code. § 21-5B-1(2). Remedies: Any employee whose compensation is at a rate that is in violation of § 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. W. Va. Code. § 21-5B-4(1)-(2). Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. W. Va. Code § 21-5B-5. West Virginia Equal Pay for Equal Work for State Employees Law Protection: No employer shall 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 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. W. Va. Code § 21-5E-3(a)(1)-(2). Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. W. Va. Code, § 21-5E-1(1)-(2). Remedies: Any employee whose compensation is at a rate that is in violation of § 21-5E-3 may file a grievance. W. Va. Code. § 21-5E-4(a). West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individual§s sex with respect to compensation if the individual is able and competent to perform the services required. W. Va. Code §§ 5-11-3(h); 5-11-9(1). Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. See, e.g., Rotriga v. AZZ, Inc., No. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. W. Va. Code § 5-11-3(d)-(e). Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. W. Va. Code § 5-11-10. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. W. Va. Code Ann. § 5-11-13(b)-(c). |
| WISCONSIN | Only federal protections apply. See federal law summary. | Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Wis. Stat. §§ 111.321, 111.32(1), 111.36. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. Wis. Stat. § 111.32(5)-(6)(a)-(b). Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. Wis. Stat. § 111.39(c). |
| WYOMING | Only federal protections apply. See federal law summary. | Wyoming Equal Pay Law Protection: No employer shall discriminate 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. Wyo. Stat. Ann. § 27-4-302(a). Coverage: Applies to all employees and employers, including agents of employers. Wyo. Stat. Ann. § 27-4-301(a)-(b), (f). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Wyo. Stat. Ann. § 27-4-303(a). Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. Wyo. Stat. Ann. § 27-4-304. Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Wyo. Stat. Ann. § 27-9-105(a)(i). Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Wyo. Stat. Ann. § 27-9-102(b). Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Wyo. Stat. Ann. § 27-9-103(n)(i)-(iv). |
| UNITED STATES | OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. 41 C.F.R. § 60-1.4(a)(3). Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 41 C.F.R. §§ 60-1.3, 60-1.5(a)(1), (5). The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. 41 C.F.R. § 60-1.5(b)(1), (c). Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 41 C.F.R. §§ 60-1.26(a)(2), (b)(1); 60-1.27. | Equal Pay Act Protection: 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 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. 29 U.S.C. § 206(d)(1). Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. See 29 U.S.C. §§ 203(d), 206(a), 262(a). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1). Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. 29 U.S.C. § 216(a). An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorney§s fee to be paid by the defendant, and costs of the action. 29 U.S.C. § 216(b). Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual§s sex. 42 U.S.C. § 2000e-2(a)(1). Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. 42 U.S.C. § 2000e(b). Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. 42 U.S.C. § 2000e-5(e)(1), (f)(1), (g)(1). |