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Equal Pay and Pay Transparency Protections

State

Equal Pay Laws Summary

Pay Transparency Laws Summary

ALABAMA

Only federal protections apply. See federal law summary.

Only federal protections apply. See federal law summary.

ALASKA

Protection: It is unlawful for an employer to discriminate against a person in compensation because of the person’s sex when the reasonable demands of the position do not require distinction on the basis of sex, or to discriminate in the payment of wages as between the sexes, or to employ a female in an occupation at a salary or wage rate less than that paid to a male employee for work of comparable character or work in the same operation, business, or type of work in the same locality. Alaska Stat. § 18.80.220(a)(1), (a)(5).

Coverage: Applies all employers except for non-profit social clubs and non-profit fraternal, charitable, educational, and religious associations and covers all employees except for persons employed in domestic service. Alaska Stat. § 18.80.300(4)-(5).

Remedies: An employer that violates Alaska § 18.80.220(a)(1) is liable for reinstatement and back pay, among other possible remedies, and may be enjoined from engaging in unlawful employment practices. Alaska Stat. § 18.80.130(a). An employer that willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment in a jail for not more than 30 days, or by both. Alaska Stat. § 18.80.270.

Only federal protections apply. See federal law summary.

ARIZONA

Equal Pay Statute
Protection: No employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work. Ariz. Rev. Stat. § 23-341(A).

Coverage: Covers all employers and all employees. Ariz. Rev. Stat. § 23-340.

Remedies: An employer in violation is liable to the employee affected in the amount of the wages of which such employee is deprived by reason of the violation, as well as the cost of the employee’s suit. Ariz. Rev. Stat. § 23-341(B), (E).


Arizona Civil Rights 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 the individual’s sex. However, it’s not unlawful for any employer to have different standards of compensation based on a bona fide merit or seniority system or to differentiate upon the basis of sex or disability in determining the amount of the wages or compensation paid or to be paid to employees if the differentiation is authorized by the provisions of § 6(d) or § 14 of the fair labor standards act of 1938. Section 6(d) of the Fair Labor Standards Act provides that no employer shall discriminate, within any establishment, 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, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex. 29 U.S.C. § 206(d)(1) (2007). Section 14 of the Fair Labor Standards Act provides the same protections as Section 6(d) as applied to those employed under special certificates. 29 U.S.C. § 214 (1989). Ariz. Rev. Stat. § 41-1463(B)(1), (I)(1), (I)(3).

Coverage: Applies to employers with fifteen or more employees. Excludes from coverage elected officials, appointees in policymaking positions, and their staffs; employees of private membership organizations; and nonresident aliens employed by religious corporations, associations, or educational institutions. Ariz. Rev. Stat. §§ 41-1461(5)-(6), 41-1462.

Remedies: Employers found to have intentionally engaged in an unlawful employment practice may be liable for, among other relief, reinstatement or hiring of employees with or without back pay payable or any other equitable relief as the court deems appropriate. Ariz. Rev. Stat. § 41-1481(G).

Only federal protections apply. See federal law summary.

ARKANSAS

Arkansas Code Section 11-4-601
Protection: Every employer in the state shall pay employees equal compensation for equal service, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee. Ark. Code § 11-4-601(a).

Coverage: Applies to every employer in the state. Ark. Code § 11-4-601(a).

Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor; each day the violation or failure to comply continues shall be a separate offense. Ark. Code § 11-4-601(b).


Arkansas Code Section 11-4-610
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 § 11-4-610(a).

Coverage: Excludes from coverage persons engaged in domestic service in the home of the employer, agricultural service, or in temporary or seasonal employment, as well as employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of such association is paid to the benefit of any private individual. Ark. Code § 11-4-607(1)-(2).

Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, an additional equal amount as liquidated damages plus a reasonable attorney’s fee and court costs. Ark. Code § 11-4-611(a), (b)(3).


Arkansas Civil Rights Act
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 shall include, but not be limited to the right to obtain and hold employment without discrimination. Ark. Code Ann. § 16-123-107(a)(1). The courts recognize that the Arkansas Civil Rights Act protects against pay discrimination. (See Holt v. Deer-Mt. Judea Sch. Dist., No. 3:14-CV-03119, 2015 WL 5626517, at *4 (W.D. Ark. Sept. 23, 2015) (applying “paycheck rule” to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex)).

Coverage: Applies to employers with nine or more employees; excludes from coverage individuals employed by their parents, spouses, or children; individuals working in nonprofit sheltered workshops or rehabilitation centers; and individuals working for religious entities. Ark. Code Ann. §§ 16-123-102(4)-(5); 16-123-103(a).

Remedies: An employer in violation may be ordered to cease its discriminatory practices and provide affirmative relief from the effects of the practices; ordered to provide back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney’s fee; and, if the employer has engaged in intentional discrimination, ordered to pay compensatory and punitive damages. Ark. Code Ann. § 16-123-107(c)(1)-(2).

Only federal protections apply. See federal law summary.

CALIFORNIA


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. Cal. Lab. Code § 1197.5(a).

Coverage: Covers all employees except for any individual employed as an outside salesman or any individual participating in a national service program. Cal. Lab. Code § 1171.

Remedies: Any employer in violation 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. Cal. Lab. Code § 1197.5(b).


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 applicable security regulations established by the United States or the State of California, for an employer, because of the sex gender, gender identity, or gender expression to discriminate against the person in compensation or in terms, conditions, or privileges of employment. Cal. Gov't Code § 12940(a).

Coverage: Applies to any person regularly employing five or more persons and the state and its political subdivisions but excludes from coverage any individual employed by his or her parents, spouse, or child; any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; and any individual employed by a religious association or corporation not organized for private profit. Cal. Gov't Code § 12940(j)(4)(A)(2).

Remedies: An employer that commits an unlawful employment practice may be liable for any relief that will effectuate the purpose of this part, including a civil penalty of up to $25,000. Cal. Gov't Code § 12965(c).

California Labor Code Section 232
Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages; no employer may require an employee to sign a waiver that denies the employee the right to disclose the amount of his or her wages; no employer may 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: Covers employees of every description. Cal. Lab. Code § 200.

Remedies: Employees may bring a civil action to enforce this protection. Cal. Lab. Code § 244(a).


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(j)(1).

Coverage: Covers all employees except for any individual employed as an outside salesman or any individual participating in a national service program. Cal. Lab. Code § 1171 .

Remedies: An employer in violation is liable for reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. Cal. Lab. Code § 1197.5(j)(2).

COLORADO

Colorado Equal Pay Statute
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: Covers employees of all employers except for household and domestic servants and farm and ranch laborers. Colo. Rev. Stat. § 8-5-101(6).

Remedies: An employer in violation is liable in an amount equal to the difference between the amount which he paid to the complaining employee and the amount which the employee would have received had there been no discrimination; and, if the Director of the Colorado Division of Labor finds that such discrimination was willful, the Director may impose a penalty upon the employer in addition thereto of not more than the amount of such difference. Colo. Rev. Stat. § 8-5-104.


Colorado Anti-Discrimination Act
Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of sex. Colo. Rev. Stat. § 24-34-402(1)(a).

Coverage: Exempts employees in domestic service and employers that are religious associations. Colo. Rev. Stat. § 24-34-401(2)-(3).

Remedies: An employer who engages in a discriminatory or unfair practice may be ordered to cease and desist from said practice and may be liable for reinstatement with back pay, front pay, and equitable relief. Additionally, an employer who is found to have engaged in intentional discrimination may be liable for compensatory and punitive damages. Colo. Rev. Stat. §§ 24-34-405(3)(a), 24-34-306(9).

Protection: No employer may 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; require as a condition of employment nondisclosure by an employee of his or her wages; or 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: Exempts employees in domestic service, employers that are religious associations, and employers not covered by the federal National Labor Relations Act. Colo. Rev. Stat. §§ 24-34-401(2)-(3), 24-34-402(1)(i).

Remedies: An employer who engages in a discriminatory or unfair practice may be ordered to cease and desist from said practice and may be liable for reinstatement with back pay, front pay, and equitable relief. Additionally, an employer who is found to have engaged in intentional discrimination may be liable for compensatory and punitive damages. Colo. Rev. Stat. §§ 24-34-405(3)(a), § 24-34-306(9).

CONNECTICUT

Protection: It is unlawful for an employer, by the employer or the employer's agent, to discriminate against an individual in compensation or in terms, conditions or privileges of employment because of the individual's sex, gender identity or expression, except in the case of a bona fide occupational qualification or need. Conn. Gen. Stat. § 46a-60(a)(1).

Coverage: Covers employers with three or more employees and all employees except for individuals employed by such individual's parents, spouse, or child. Conn. Gen. Stat. § 46a-86.

Remedies: An employer in violation may be ordered to cease and desist the discriminatory practice and may be liable for consequential damages and attorney’s fees. Conn. Gen. Stat. § 46a-86.

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; prohibit an employee from inquiring about the wages of another employee of such employer; 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 of such employer; require an employee to sign a waiver or other document that denies the employee his or her right to inquire about the wages of another employee of such employer; or discharge, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee of such employer or inquires about the wages of another employee of such employer. Conn. Gen. Stat. § 31-40z(b).

Coverage: Covers all employers and all employees. Conn. Gen. Stat. § 31-40z(a).

Remedies: An employer in violation 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 Equal Pay Statute
Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or any other factor other than sex; provided, that an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee. No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of subsection (a) of this section. Del. Code Ann. tit. 19, § 1107A(a)-(b).

Coverage: Excludes from coverage employees of the federal government, the State of Delaware, or any of Delaware’s political subdivisions. Del. Code Ann. tit. 19, § 1101(a)(3).

Remedies: An employer in violation is liable for a civil penalty of not less than $1,000 and not more than $5,000 for each such violation; unpaid wages; liquidated damages; court costs; and attorney’s fees. Del. Code Ann. tit. 19, §§ 1112(a), 1113(a), (c).


Delaware Discrimination in Employment Act
Protection: It shall be 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 employers with four or more employees. Excludes from coverage individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of that individual's employment, resides in the personal residence of the employer, individuals employed by said individual's parents, spouse or child; any individuals elected to public office or any person chosen by such officer to be on such officer's personal staff, or appointees on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. Del. Code Ann. tit. 19, § 710(6)-(7).

Remedies: An employer that is found to have engaged in an unlawful employment practice may be ordered to cease and desist or modify its practices and to pay compensatory damages, punitive damages where appropriate, and attorney’s fees. Del. Code Ann. tit. 19, § 715(1).

Only federal protections apply. See federal law summary.

DISTRICT OF COLUMBIA

Protection: It is unlawful for an employer to discriminate against any individual, with respect to the individual’s compensation, based upon the individual’s actual or perceived sex. D.C. Code § 2-1402.11(a)(1).

Coverage: Covers all employees, except for individuals who are employed by a parent, spouse, child, or domestic servant to perform household work and professional associations. D.C. Code § 2-1401.02.

Remedies: An employer found to have violated this section may be liable for compensatory damages; attorney fees; hearing costs; and civil penalties of $10,000 for the employer’s first violation, $25,000 if the employer has had a previous violation within five years, and $50,000 if the employer has had two violations within the previous seven years. D.C. Code § 2-1403.13.

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; 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; or prohibit or attempt to prohibit an employee from lodging a complaint, or testifying, assisting, or participating in an investigation or proceeding, related to a violation of this chapter. D.C. Code § 32-1452.

Coverage: Excludes from coverage the federal and D.C. governments. D.C. Code § 32-1451.

Remedies: If an employer is in violation, 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. D.C. Code § 32-1455. There is no private right of action.

FLORIDA

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, and responsibility, and which are performed under similar working conditions, except when such payment is made pursuant to: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any reasonable factor other than sex when exercised in good faith. Fla. Stat. § 448.07(2)(a).

Coverage: Applies any employer with two or more employees, unless the employer is covered by the federal Fair Labor Standards Act. Fla. Stat. § 448.07(1), (4).

Remedies: Any employer or person who violates the provisions of this section 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 under this section. 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 the individual’s sex. Fla. Stat. § 760.10(1)(a).

Coverage: Applies to employers with fifteen or more persons. Fla. Stat. § 760.02(7) .

Remedies: An aggrieved party can bring a civil action in which the court may provide affirmative relief from the effects of the practice, including back pay, as well as compensatory damages; however, the judgment for the total amount of punitive damages awarded shall not exceed $100,000. Fla. Stat. § 760.11(5).

Only federal protections apply. See federal law summary.

GEORGIA

Georgia 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 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 any individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations engaged in intrastate commerce employing ten or more employees and acting directly or indirectly in the interests of an employer in relation to an employee. Ga. Code Ann. § 34-5-2(4), (6).

Remedies: Any employer in violation shall be liable to the employee affected in the amount of unpaid wages. Ga. Code Ann. § 34-5-5(a)


Fair Employment Practices Act
Protection: It is an unlawful 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, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Ga. Code Ann. § 45-19-22(5).

Remedies: A violation of the code is not a crime. Ga. Code Ann. § 45-19-44(b). However, an aggrieved party may file a complaint with the administrator. Ga. Code Ann. § 45-19-36(b).

Only federal protections apply. See federal law summary.

HAWAII

Hawaii Equal Pay Statute
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 individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers including the State or any of its political subdivisions and any agent of such individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers, having one or more employees, but does not include the United States. Haw. Rev. Stat. § 378-1.

Remedies: The commission may order appropriate affirmative action, including hiring, reinstatement, or upgrading of employees, with or without backpay, or other remedies. Haw. Rev. Stat. § 378-5(a). In any civil action brought under chapter 378, if the court finds that an employer has engaged in or is engaging in any unlawful discriminatory practice, the court may enjoin the employer from engaging in such practice and order affirmative action as may be appropriate; backpay liability shall not accrue from a date more than two years prior to the filing of the complaint. Haw. Rev. Stat. § 378-5(b). In addition to any judgment award to the plaintiffs, the court shall allow costs of action, including costs of fees of any nature and reasonable attorney’s fees, to be paid by the defendant. Haw. Rev. Stat. § 378-5(c).


Hawaii General Anti-Discrimination Statute
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 any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the State or any political subdivision thereof or the United States. Haw. Rev. Stat. § 387-1.

Remedies: Any employer who willfully violates chapter 387, or any employer who pays or agrees to pay any employee compensation less than that which the employee is entitled to under chapter 387, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 no more than $500 or by imprisonment for a period not to exceed one year or by both such fine and imprisonment. Haw. Rev. Stat. § 387-12(a)(2), (a)(4).

Only federal protections apply. See federal law summary.

IDAHO

Idaho Equal Pay Statute
Protection: No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in the state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Idaho Code Ann. § 44-1702(1).

Coverage: Applies to any person acting directly or indirectly in the interest of any employer in relation to an employee. Idaho Code Ann. § 44-1701(2).

Remedies: Any employer in violation shall be liable to the employees affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Idaho Code Ann. § 44-1704(1).


Idaho Commission on Human Rights
Protection: It shall be a prohibited act to discriminate on the basis of sex with respect to compensation or the terms, conditions, or privileges of employment. Idaho Code Ann. § 67-5909(1).

Coverage: Applies to any individual, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, any other legal or commercial entity, the State, or any governmental entity or agency, wherever situated, who hires five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year whose services are to be partially or wholly performed in the state of Idaho, except for domestic servants hired to work in and about the person’s household. Idaho Code Ann. § 67-5902(6). Also applies to a person who as a contractor or subcontractor is furnishing material or performing work for the state; any agency of or any governmental entity within the state; and any agent of such employer. Idaho Code Ann. § 67-5902(6)(a)-(c).

Remedies: Any person who believes he or she has been subject to unlawful discrimination may file a complaint with the commission. Idaho Code Ann. § 67-5907(1). If the commission finds reasonable grounds to believe that unlawful discrimination has occurred, and further believes that irreparable injury or great inconvenience will be caused the victim of such discrimination if relief is not immediately granted, or if conciliation efforts have not succeeded, the commission may file a civil action seeking appropriate legal and equitable relief. Idaho Code Ann. § 67-5907(5).

Only federal protections apply. See federal law summary.

ILLINOIS

Illinois Equal Pay Act of 2003
Protection: 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).

Coverage: Applies to an individual, partnership, corporation, association, business, trust, person, or entity for whom employees are gainfully employed in Illinois and includes the State of Illinois, any state officer, department, or agency, any unit of local government, and any school district. 820 Ill. Comp. Stat. 112/5.

Remedies: An employee or former employee may file a complaint with the Department of Labor alleging a violation of the Act by submitting complaint within one year from the date of underpayment. 820 Ill. Comp. Stat. 112/15(b). If an employee is paid by his or her employer less than the wage to which he or she is entitled in violation of Section 10, the employee may recover in a civil action the entire amount of any underpayment together with interest 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). Employers who violate any provision of the Act are subject to a civil penalty for each employee affected as follows: an employer with less 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: Any employer may not pay an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in the manufacture of any article on the basis of difference in sex. 820 Ill. Comp. Stat. 110/1.

Coverage: Applies to any employer of 6 or more persons in the State engaged in the manufacture of any article. 820 Ill. Comp. Stat. 110/1.

Remedies: Any employer who pays any person an unequal wage for equal work on the basis of difference in sex shall be guilty of a petty offense and shall be fined not less than $25 no more than $100. 820 Ill. Comp. Stat. 110/1. Illinois Wages of Women and Minors Act
Protection: It is against public policy for any employer to employ any woman in an occupation in Illinois 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. 820 Ill. Comp. Stat. 125/1.

Coverage: No specific provision detailing what employers are covered.

Remedies: Any employer who pays or agrees to pay a woman 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 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 recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination. 775 Ill. Comp. Stat. 5/2-102(A). While the statute does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Illinois Human Rights Act. (See, e.g., Sokn v. Fieldcrest Comm. Unit Sch. Dist. No. 8, 2011 WL 2533793, at *7 (C.D. Ill. June 27, 2011); 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.”)).

Coverage: Applies to any person employing 15 or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation; also applies to the State of Illinois and any political subdivision, municipal corporation, or other governmental unit or agency, without regard to the number of employees. 775 Ill. Comp. Stat. 5/2-101(B)(1)(a), (c). Applies to any party to a public contract or a joint apprenticeship or training committee without regard to the number of employees. 775 Ill. Comp. Stat. 5/2-101(B)(1)(d)-(e). 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 spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, education 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 including a cease and desist order, actual damages for injury or loss suffered, backpay, and attorney’s fees and costs. 775 Ill. Comp. Stat. 5/8A-104(A)-(C), (G). An aggrieved party may commence a civil action, and if the court finds that a civil rights violation has occurred, the court may award the plaintiff actual and punitive damages and may allow the prevailing party, other than the State of Illinois, reasonable attorney’s fees and costs. 775 Ill. Comp. Stat. 5/8A-104(A)(1), (C)(1)-(2).

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 an individual, partnership, corporation, association, business, trust, person, or entity for whom employees are gainfully employed in Illinois and includes the State of Illinois, any state officer, department, or agency, any unit of local government, and any school district. 820 Ill. Comp. Stat. 112/5.

Remedies: An employee or former employee may file a complaint with the Department of Labor alleging a violation of the Act by submitting complaint within one year from the date of underpayment. 820 Ill. Comp. Stat. 112/15(b). If an employee is paid by his or her employer less than the wage to which he or she is entitled in violation of Section 10, the employee may recover in a civil action the entire amount of any underpayment together with interest 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). Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for each employee affected. 820 Ill. Comp. Stat. 112/30(c).

INDIANA

Indiana Equal Pay Statute
Protection: No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which employees are employed, between employees on the basis of sex by paying to employees in such establishment a rate less than the rate at which the employer pays 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, except where such payment is made pursuant to: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. Ind. Code § 22-2-2-4(d).

Coverage: Covers employees who work for employers with at least two employees. Ind. Code § 22-2-2-4(h). However, the statute excludes from the definition of “employer” any employer who is subject to the minimum wage provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-209), Ind. Code § 22-2-2-4(h), and excludes from the definition of “employee,” among other persons, persons less than sixteen 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; persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations, Ind. Code § 22-2-2-3.

Remedies: An employer that violates this provision is liable for unpaid wages and an equal amount in liquidated damages and may be liable for attorney’s fees and costs. Ind. Code § 22-2-2-9.


Indiana Civil Rights Act
Protection: It is an unlawful discriminatory practice to exclude a person from equal opportunities because of sex. However, an employer may employ or classify an employee based on sex in those certain 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). According to Indiana Civil Rights Commission, the Indiana Civil Rights Act prohibits discrimination in compensation.

Coverage: Applies to individuals who work for employers with at least six employees in the state, except for individuals employed by a parent, spouse, or child; individuals in domestic service; employees of any nonprofit corporation or association organized exclusively for fraternal or religious purposes; employees of any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; and employees of any exclusively social club, corporation, or association that is not organized for profit. Ind. Code § 22-9-1-3(h)-(i).

Remedies: If an employer is found to have engaged in unlawful discrimination, the Indiana Civil Rights Commission may order the employer to take further action as will effectuate the purposes of this chapter, including but not limited to compensating the complainant for her lost wages, posting of a notice, and requiring proof of compliance. Ind. Code § 22-9-1-6(j).

Only federal protections apply. See federal law summary.

IOWA

Iowa Equal Pay Provisions for Public Officers and Employees
Protection: A state department, board, commission, or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men. Iowa Code § 70A.18.

Coverage: Applies to a state department, board, commission, or agency. Iowa Code § 70A.18.

Remedies: No specific provisions detailing the remedies an aggrieved employee is entitled to.


Iowa Civil Rights Act of 1965
Protection: It shall be an unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of sex by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Iowa Code § 216.6A(2)(a).

Coverage: Applies to the State of Iowa or any political subdivision, board, commission, department, institution, or school district thereof, and any other individuals, partnerships, associations, corporations, legal representatives, trustees, and receivers employing employees within the state. Iowa Code § 216.2(7), (12). Does not apply to any employer who regularly employs less than four individuals; individuals who are members of the employer’s family shall not be counted as employees. Iowa Code § 216.6A(4).

Remedies: Any person claiming to be aggrieved by a discriminatory or unfair practice may file a complaint with the commission. Iowa Code § 216.15(1) . If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action; remedial action for an unfair or discriminatory practice relating to wage discrimination includes payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include court costs, reasonable attorney fees, and either an amount equal to two times the wage differential paid to another employee compared to the complainant for the period of time for which the compliant has been discriminated against, or in instances of a willful violation, an amount equal to three times the wage differential paid to another employee as compared to the complainant for a period of time for which the complainant has been discriminated against. Iowa Code § 216.15(9)(a)(9)(b).

Only federal protections apply. See federal law summary.

KANSAS

Kansas Equal Pay Law
Protection: no employer having employees of both sexes shall discriminate, within any establishment, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate of wages paid to employees of the opposite sex in such establishment for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions. However, differentials in payment are not unlawful if payment is made pursuant to: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a factor other than sex. Kan. Stat. § 44-1205.

Coverage: Excludes from coverage any employer that is covered by the federal Fair Labor Standards Act, as well as individuals employed in agriculture, in domestic service in or about a private home, in a bona fide executive, administrative or professional capacity, or as outside salespeople; individuals employed by the United States; individuals who renders service gratuitously for a nonprofit organization; and individuals eighteen years of age or less employed on an occasional or part-time basis. Kan. Stat. § 44-1202(d)-(e).

Remedies: Any employer who in violation shall be fined not less than $250 nor more than $1,000. Kan. Stat. Ann. § 44-1210(a). Additionally, any employer who pays an employee less than the wages to which such employee is entitled shall be liable to such employee for the full amount of such wages, less any amount actually paid to such employee by the employer, and for costs and attorneys’ fees. 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 or in terms, conditions or privileges of employment. Kan. Stat. § 44-1009(a)(1).

Coverage: Covers persons who work for employers with four or more employees, including employees of the state and its subdivisions, but does not cover persons employed by a parent, spouse or child; persons in domestic service; and persons employed by nonprofit fraternal or social organizations. Kan. Stat. § 44-1002(b)-(c).

Remedies: An employer that is found to have engaged in an unlawful employment practice may be ordered to cease and desist from such unlawful employment practice and to take such affirmative action as will effectuate the purpose of this Act, including but not limited to the hiring, reinstatement, or upgrading of employees, with or without back pay, and the payment of an award of damages not to exceed $2000 for pain, suffering and humiliation which are incidental to the act of discrimination. Kan. Stat. Ann. § 44-1005(k).

Only federal protections apply. See federal law summary.

KENTUCKY

Kentucky Equal Pay Law
Protection: No employer shall discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, shall not be included within this prohibition. Ky. Rev. Stat. Ann. § 337.423(1).

Coverage: This section applies to employers with two or more employees, including the state and its subdivisions. Ky. Rev. Stat. Ann. § 337.420(1)-(2). However, it does not apply to any employer who is subject to the federal Fair Labor Standards Act (FLSA) when that Act imposes comparable or greater requirements and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the FLSA. Ky. Rev. Stat. Ann. § 337.423(1).

Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation in suits brought by employees, up to an additional equal amount as liquidated damages. 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, terms, conditions, or privileges of employment, because of the individual's sex. Ky. Rev. Stat. Ann. § 344.040(1)(a)-(b).

Coverage: Applies to employers with eight or more employees; however, does not apply to any individual employed by a parent, spouse, or child or any individual employed in domestic service in the home of his employer. Ky. Rev. Stat. Ann. § 344.030(4)-(5).

Remedies: Employers found to have engaged in an unlawful employment practice may be ordered to cease and desist from the unlawful practice and to take affirmative action including but is not limited to: hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance, posting notices in conspicuous places; payment to the complainant of damages for injury caused by an unlawful practice, including compensation for humiliation and embarrassment; and payment of other costs incurred by the complainant as a result of an unlawful practice. Ky. Rev. Stat. Ann. § 344.230(2)-(3).

Only federal protections apply. See federal law summary.

LOUISIANA

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 within the same agency to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions including time worked in the position. However, nothing in this section shall prohibit the payment of different wage rates pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on a bona fide factor other than sex. La. Rev. Stat. Ann. § 23:664A-B.

Coverage: Only applies to full-time employees of any department, office, division, agency, commission, board, committee or other organizational unit of the state. La. Rev. Stat. Ann. § 23:663(2)-(3).

Remedies: An employer who violates the provisions of this chapter 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.


Louisiana Employment Discrimination Law – prohibition against sex discrimination
Protection: It shall be unlawful 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. § 23:332A(3).

Coverage: Applies to employees of firms with 20 or more employees within this state and employees of the state and its subdivisions but excludes from coverage individuals engaged in domestic service who are employed by a parent, spouse, or child; individuals employed by private educational or religious institutions or any nonprofit corporations; and individuals employed by certain religious schools. La. Rev. Stat. Ann. § 23:302(1)-(2).

Remedies: Employers that engage in unlawful discrimination may be liable for compensatory damages, back pay, benefits, reinstatement, front pay if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303A.


Louisiana Employment Discrimination Law – prohibition against pregnancy discrimination
Protection: It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, for any employer because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation or in terms, conditions, or privileges of employment. La. Rev. Stat. Ann. § 23:342(1).

Coverage: Applies to employees of firms with twenty or more employees within this state and employees of the state and its subdivisions but excludes from coverage individuals engaged in domestic service who are employed by a parent, spouse, or child; individuals employed by private educational or religious institutions or any nonprofit corporations; and individuals employed by certain religious schools. La. Rev. Stat. Ann. § 23:302(1)-(2).

Remedies: Employers that engage in unlawful discrimination may be liable for compensatory damages, back pay, benefits, reinstatement, front pay if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303A.

Protection: It is unlawful to discriminate, retaliate, or take any adverse employment action, or in any other manner discriminate against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee, or aiding or encouraging any other employee to exercise his or her rights under this Chapter. La. Rev. Stat. Ann. § 23:664D.

Coverage: Only applies to full-time employees of any department, office, division, agency, commission, board, committee or other organizational unit of the state. La. Rev. Stat. Ann. § 23:663(2)-(3).

Remedies: An employer who violates the provisions of this Chapter 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.

MAINE

Maine Equal Pay Law
Protection: An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility. Differentials that are paid pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex are not within this prohibition. Me. Rev. Stat. tit. 26, § 628.

Coverage: No specific coverage provision.

Remedies: An employer in violation is subject to a forfeiture of not less than $100 nor more than $500 for each violation. Me. Rev. Stat. tit. 26, § 626-A. Additionally, an employer is liable for the amount of unpaid wages and health benefits; 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, to discriminate with respect to compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment because of sex. Me. Rev. Stat. tit. 5, § 4572(1)(B). For purposes of the Maine Human Rights Act, the word “sex” includes pregnancy and medical conditions which result from pregnancy. Me. Rev. Stat. tit. 5, § 4572-A(1).

Coverage: Covers all employees except for any individual employed by that individual's parents, spouse or child and all employers except for nonprofit religious or fraternal organizations with respect to employment of members of the same religion, sect, or fraternity. Me. Rev. Stat. tit. 5, § 4553(3)-(4).

Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim of discrimination, with or without back pay; pay civil penalties if the employer has fewer than fourteen employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than fourteen employees. Me. Rev. Stat. tit. 5, § 4613(2)(B)(1), (2), (7), and (8).

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: No specific coverage provision.

Remedies: An employer in violation is subject to a forfeiture of not less than $100 nor more than $500 for each violation. Me. Rev. Stat. tit. 26, § 626-A. Additionally, an employer is liable for the amount of unpaid wages and health benefits; 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.

MARYLAND

Maryland Equal Pay for Equal Work Statute
Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex at a rate less than the rate paid to employees of the opposite sex 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(a).

Coverage: Applies to (1) a person engaged in a business, industry, profession, trade, or other enterprise in the State of Maryland; (2) the State of Maryland and its units; (3) a county and its units; and (4) a municipal government in the State of Maryland; also includes a person who acts directly or indirectly in the interest of another employer with an employee. Md. Code Ann., Lab. & Empl. § 3-301(b)(1)-(2).

Remedies: If an employer violates the statute, an affected employee may bring an action against the employer to recover the difference between the wages paid to male and female employees who do the same type of work and an additional equal amount as liquidated damages. Md. Code Ann., Lab. & Empl. § 3-307(a)(1). If a court determines that an employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action. Md. Code Ann., Lab. & Empl. § 3-307(e).


Maryland General Anti-Discrimination Law
Protection: An employer may not discriminate against any individual with respect to the individual’s compensation, terms, conditions, or privileges of employment because of the individual’s sex. Md. Code Ann., State Gov’t § 20-606(a)(1)(i).

Coverage: Applies to a person that is engaged in an industry or business and has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; also applies to the State of Maryland, but does not include a bona fide private membership club that is exempt from taxation under § 501(c) of the Internal Revenue Code. Md. Code Ann., State Gov’t § 20-601(d)(1)-(3). Does not apply to an employer with respect to the employer of aliens outside of the State of Maryland, or a religious corporation, association, education 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(1)-(2).

Remedies: No specific provision providing remedies for violation.

Only federal protections apply. See federal law summary.

MASSACHUSETTS

Massachusetts Equal Pay Statute
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 any person acting in the interest of an employer directly or indirectly. Mass. Gen. Laws ch. 149, § 1.

Remedies: Any employer in violation is liable to the employees affected in the amount of their unpaid wages, and in an additional amount of liquidated damages; the court shall, in addition to any judgment awarded to the plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and the costs of the action. Mass. Gen. Laws ch. 149, § 105A. Any employer in violation shall, upon conviction, be punished by a fine of not more than $100. Mass. Gen. Laws ch. 149, § 105B.


Massachusetts General Anti-Discrimination Law
Protection: It shall be an unlawful practice for an employer, by himself or his agent, because of the sex of any individual, to discriminate against such individual in compensation or in terms, conditions, or privileges of employment, unless based upon a bona fide occupational qualification. Mass. Gen. Laws ch. 151B, § 4(1).

Coverage: Applies to an employer of domestic workers, the commonwealth and all political subdivisions, boards, departments, and commissions thereof; does not apply to a club exclusively social, or a fraternal association or corporation, if such club, association, or corporation is not organized for private profit, nor does it include any employer with fewer than six persons in his employ. Mass. Gen. Laws ch. 151B, § 1(5).

Remedies: Any person claiming to be aggrieved by an alleged unlawful practice may file a complaint with the commission; if the commission shall find that a respondent has engaged in any unlawful practice, it may, assess a civil penalty against the respondent in an amount not to exceed $10,000 if the respondent has not be adjudged to have committed any prior discriminator practice; in an amount not to exceed $25,000 if the respondent has been adjudged to have committed one other discriminatory practice during the 5-year period ending on the date of the filing of the complaint; or in an amount not to exceed $50,000 if the respondent has been adjudged to have committed 2 or more discriminatory practices during the 7-year period ending on the date of the filing of the complaint. Mass. Gen. Laws ch. 151B, § 5.

Only federal protections apply. See federal law summary.

MICHIGAN

Michigan Equal Pay Provision
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 of Michigan who employs 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: An employer shall not discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of sex. Mich. Comp. Laws § 37.2202(1)(a).

Coverage: Applies to a person who has one or more employees, and includes agents of that person, but does not apply to the employment of individuals by their parents, spouses, or children. Mich. Comp. Laws § 37.2201(1)(a), (3).

Remedies: No specific provision for remedies.

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 an individual, sole proprietorship, partnership, association, or corporation, public or private; the State of Michigan or an agency of the state of Michigan; a city, county, village, township, school district, or intermediate school district; an institution or higher education; or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals. Except as specifically provided in the franchise agreement, as between a franchisee and franchisor, the franchisee is considered the sole employer of workers for whom the franchisee provides a benefit plan or pays wages. Mich. Comp. Laws § 408.471(d).

Remedies: An employee who believes that his or her employer has violated the act may file a written complaint with the department. Mich. Comp. Laws § 408.481(1). An employer who violates the act is guilty of a misdemeanor. Mich. Comp. Laws § 408.484

MINNESOTA

Minnesota 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 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.

Coverage: Applies to any person employing one or more employees, but does not include the state of Minnesota or any municipal corporation or political subdivision of the state having in force a civil service system based on merit, or the federal government. Minn. Stat. § 181.66.

Remedies: Any employee whose compensation is at a rate that is in violation of this section has a right of action against an employer for the recovery of the amount of the unpaid wages to which the employee is entitled, and an amount up to the amount of these unpaid wages may be levied at the discretion of the court as exemplary damages. Minn. Stat. § 181.68. A violation of § 181.67 is a misdemeanor. Minn. Stat. § 181.70.


Minnesota Human Rights Act
Protection: It is an unfair employment practice for an employer, because of sex, to discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment. Minn. Stat. § 363A.08.

Coverage: Applies to a person who has one or more employees. Minn. Stat. § 363A.03.

Remedies: Any person aggrieved by a violation of the Act may bring a civil action, or may file a charge with the commissioner. Minn. Stat. § 363A.28. If an employer is found to be in violation of this section, it shall be ordered to pay a civil penalty to the state; the penalty is in addition to compensatory and punitive damages to be paid to an aggrieved party, which the administrative law judge shall determine the amount of considering the seriousness and extent of the violation; the administrative law judge may also order the employer to pay an aggrieved party 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.

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 employer in violation may be ordered to reinstate, provide back to, restore lost service credit to, and expunge any related adverse records of the employee or employees subject to the violation. Minn. Stat. Ann. § 181.172(e).

MISSISSIPPI

Only federal protections apply. See federal law summary.

Only federal protections apply. See federal law summary.

MISSOURI

Missouri Equal Pay Act
Protection: no employer shall pay wages to any of his female employees that are lower than the wages he pays to his male employees in the same establishment for the same quantity, quality, and classification of work. However, variations in rates of pay for male and female employees engaged in the same classification of work are not unlawful if they are based upon a difference in seniority, length of service, ability, skill, duties or services performed, the shift or time of day worked, hours of work, or any other reasonable differentiation. Mo. Rev. Stat. § 290.410.

Coverage: Applies to every employer with respect to its employees that are at least eighteen years of age. Mo. Rev. Stat. § 290.400.

Remedies: Any female employee receiving less than the wage to which she is entitled under this section may recover in a civil action the balance of the wages to which she is entitled, plus the costs of suit. Mo. Rev. Stat. § 290.440.2.


Missouri Human Rights Act
Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individual’s compensation, terms, conditions, or privileges of employment because of such individual’s sex. Mo. Rev. Stat. § 213.055.1(1)(a).

Coverage: Applies to the state and all of its subdivisions and any person employing six or more persons within the state but does not apply to corporations and associations owned and operated by religious or sectarian groups. Mo. Rev. Stat. § 213.010(7).

Remedies: An employee that has been aggrieved by an unlawful discriminatory practice may file a complaint with the Missouri Commission on Human Rights. Mo. Rev. Stat. § 213.075.1. If an employer is found to have engaged in an unlawful employment practice, the Commission may order the employer to cease and desist from such practice and take such affirmative action, as in the Commission's judgment will implement the purposes of this chapter, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Mo. Ann. Stat. § 213.075.11(1). Moreover, if the Commission does not act on an employee’s complaint within 180 days, the employee may maintain a civil action in court for actual and punitive damages, court costs, and reasonable attorney fees. Mo. Rev. Stat. § 213.111.2.

Only federal protections apply. See federal law summary.

MONTANA

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 in the same industry or place of employment. Mont. Code Ann. § 39-3-104(1).

Coverage: Applies to all employers, including the state and its subdivisions. Mont. Code Ann. § 39-3-104(1).

Remedies: An employer that violates the Equal Pay Law is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 and not more than $500 for each offense. Mont. Code Ann. § 39-3-104(2). However, the Equal Pay law does not provide employees with a private right of action for damages. See Mont. Code Ann. § 39-3-104.


Montana Human Rights Act
Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation or in a term, condition, or privilege of employment 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 employers of one or more persons and the agents of such employers but does not apply to fraternal, charitable, or religious organizations. Mont. Code Ann. § 49-2-101(11).

Remedies: An employee that has been aggrieved by an unlawful discriminatory practice may file a complaint with the Montana Department of Labor and Industry. Mont. Code Ann. § 49-2-50(1). 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). 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.

Only federal protections apply. See federal law summary.

NEBRASKA

Equal Pay Act of Nebraska
Protection: No employer shall pay wages to any employee that are less than the wage the employer pays any employee of the opposite sex in the same establishment for equal work on jobs which require equal skill, effort, and responsibility, and are performed under similar working conditions. Wage differentials are not within this prohibition where such payments are made pursuant to an established seniority system, a merit increase system, or a system which measures earning by quantity or quality of production. Neb. Rev. Stat. § 48-1221(1).

Coverage: Applies to employers with 15 or more employees and any agent of such person; any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act; and the State of Nebraska and its subdivisions. However, it does not apply to the United States, corporations wholly owned by the United States, or Indian tribes. Neb. Rev. Stat. § 48-1220(2).

Remedies: An employee may maintain an action in any court of competent jurisdiction to recover wages due under this section. Neb. Rev. Stat. § 48-1223(2). An employer in violation shall be liable to the employees affected in the amount of their unpaid wages, attorneys’ fees and the cost of suit, and, in instances of willful violation, up to an additional equal amount as liquidated damages. 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, terms, conditions, or privileges of employment, because of such individual's sex. Neb. Rev. Stat. § 48-1104(1).

Coverage: This provision applies to employers with 15 or more employees; any agent of an employer with 15 or more employees; any employer whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act; and the state and all of its subdivisions. However, this provision does not apply to the United States, Indian tribes, or nonprofit private membership clubs. Neb. Rev. Stat. § 48-1102(2).

Remedies: An employee who has been aggrieved by an unlawful employment practice may file a charge with the Nebraska Commission on Human Rights. Neb. Rev. Stat. § 48-1118(1). An employee who has suffered physical, emotional, or financial harm as a result of such practice is 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).

Only federal protections apply. See federal law summary.

NEVADA

Nevada Equal Pay Law
Protection: It is unlawful for any employer to discriminate between employees employed within the same establishment on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. Nev. Rev. Stat. § 608.017(1). However, differentials in rates of pay are not unlawful where wages are paid pursuant to a seniority system, a merit system, a compensation system under which wages are determined by the quality or quantity of production, or a wage differential based on factors other than sex. Nev. Rev. Stat. § 608.017(2).

Coverage: Applies to all employers 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. Nev. Rev. Stat. § 608.195(2). However, the Equal Pay Law does not provide employees that have been discriminated against with a private right of action for damages. See Nev. Rev. Stat. Ann. § 608.180.


Nevada Civil Rights Act of 1965
Protection: It is unlawful for an employer to discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment because of the person’s sex, gender identity, or gender expression. Nev. Rev. Stat. § 613.330.1(a). However, it is not unlawful for employers to apply different standards of compensation based on a bona fide seniority or merit system if the differences are not the result of an intention to discriminate. Nev. Rev. Stat. § 613.380.

Coverage: The prohibition against sex discrimination applies to all employers except for religious organizations with respect to employees that perform religious activities. The prohibition against discrimination based on gender identity or expression applies to all employers except for 501(c)(3) nonprofits. Nev. Rev. Stat. § 613.320.1(a)-2.

Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission. Nev. Rev. Stat. § 613.405. However, the Act does not provide for specific remedies or penalties for unlawful employment practices. See Nev. Rev. Stat. §§ 613.310-613.435.

Only federal protections apply. See federal law summary.

NEW HAMPSHIRE

New Hampshire Equal Pay Act
Protection: No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work. N.H. Rev. Stat. Ann. § 275:37.

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: An employee who has been aggrieved by a violation of this section may file a complaint with the New Hampshire Labor Commissioner. N.H. Rev. Stat. Ann. § 275:38. 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 Law Against Discrimination
Protection: It is an unlawful discriminatory practice for an employer, because of the sex of any individual, to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. N.H. Rev. Stat. Ann. § 354-A:7(I). For the purposes of this chapter, the word “sex” includes pregnancy and medical conditions which result from pregnancy. N.H. Rev. Stat. Ann. § 354-A:7(VI)(a).

Coverage: Applies to the state and all political subdivisions and employers with six or more employees but does not apply to nonprofit social clubs or fraternal or religious organizations. N.H. Rev. Stat. Ann. § 354-A:2(VII).

Remedies: An employee that has been aggrieved by an unlawful discriminatory practice may file a complaint with the New Hampshire Commission for Human Rights. N.H. Rev. Stat. Ann. § 354-A:21(I)(a). 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). Additionally, an employer that willfully violates this provision is guilty of a misdemeanor if a natural person or guilty of a felony if any other person. N.H. Rev. Stat. Ann. § 354-A:24.

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 agricultural, temporary, or seasonal employers, employers of domestic servants, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. N.H. Rev. Stat. Ann. § 275:36.

Remedies: Employees that have been discriminated against in violation of this provision do not have a private right of action for damages. The New Hampshire Equal Pay Act provides that employees that have been subject to pay discrimination in violation of N.H. Rev. Stat. Ann. § 275:37 have a right to unpaid wages and liquidated damages; however, the Act does not provide employees with a right to damages if they have been discriminated against in violation of § 275:38-a or § 275:41-b for inquiring about, discussing, or disclosing their compensation. See N.H. Rev. Stat. Ann. § 275:39 (providing that employers that engage in pay discrimination in violation of N.H. Rev. Stat. Ann. § 275:37 – but not employers that violate either N.H. Rev. Stat. Ann. § 275:38-a or N.H. Rev. Stat. Ann. § 275:41 – are liable for unpaid wages and liquidated damages); N.H. Rev. Stat. Ann. § 275:38 (providing that the New Hampshire Labor Commissioner “shall have the power and it shall be his or her duty to enforce the provisions of this subdivision through appropriate actions in response to complaints.”)

NEW JERSEY

New Jersey Equal Pay Statute
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 any person acting directly or indirectly in the interest, or as agent, of an employer in relation to an employee, as well as to one or more individuals, partnerships, corporations, associations, legal representatives, trustees, trustees in bankruptcy, or receivers; does not apply to nonprofit hospital associations or corporations. N.J. Stat. Ann. § 34:11-56.1(b).

Remedies: If any employee, because of his or her employer’s violation of this section, is discriminated against in the payment of wages, such 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 Civil Rights Statute
Protection: It is an unlawful employment practice for an employer, because of sex, to discriminate against an individual in compensation or in terms, conditions, or privileges of employment. N.J. Stat. Ann. § 10:5-12(a).

Coverage: Applies to all individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries, as well as the State of New Jersey, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies. N.J. Stat. Ann. § 10:5-5(e).

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 five-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 five-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 two or more violations within the seven-year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a.

Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from any other employee or former employee of the employer information regarding rate of compensation, including benefits, of any employee or former employee of the employer. N.J. Stat. Ann. § 10:5-12(r).

Coverage: Applies to all individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries, as well as the State of New Jersey, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies. N.J. Stat. Ann. § 10:5-5(e).

Remedies: Any person in violation 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 five-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 five-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 two or more violations within the seven-year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a.

NEW MEXICO

New Mexico Fair Pay for Women Act
Protection: No employer shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility and that are performed under similar working conditions. N.M. Stat. Ann. § 28-23-3(A).

Coverage: Applies to any person employing four or more employees and any person acting for an employer. N.M. Stat. Ann. § 28-23-2(E).

Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees on behalf of the employees or on behalf of other employees similarly situated. 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 the Fair Pay for Women 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). An employer who violates a provision of the Fair Pay for Women Act 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 any person – individual, partnership, association, organization, corporation, joint venture, legal representative, trustee, receiver, or the State of New Mexico and all of its political subdivision – employing four or more persons and any person acting for an employer. N.M. Stat. Ann. § 28-1-2(A)-(B).

Remedies: Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint with the human rights division. N.M. Stat. Ann. § 28-1-10(A). A complainant may seek a trail de novo in the district court in lieu of a hearing before the commission. N.M. Stat. Ann. § 28-1-10(J). 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 as the commission considers necessary. N.M. Stat. Ann. § 28-1-11(E).

Only federal protections apply. See federal law summary.

NEW YORK

New York Equal Pay Provision
Protection: No employee shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. N.Y. Labor Law § 194(1).

Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service; does not apply to governmental agencies. N.Y. Labor Law § 190(3).

Remedies: Any employer who differentiates in rate of pay because of sex 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, including administrative or civil action. N.Y. Labor Law § 197. On behalf of any employee, the commissioner may bring any legal action necessary to collect such claim in addition to any other remedies and penalties otherwise available; the commissioner shall assess against the employer the full amount of any such underpayment, and an additional amount as liquidated damages. Liquidated damages shall be calculated by the commissioner as no more than 100% of the total amount of wages found to be due, except such liquidated damages may be up 300% of the total amount of the wages found to be due for a willful violation. N.Y. Labor Law § 198(1-a). Every employer who does not pay the wages of all of his employees in accordance with the provisions of the statute shall be guilty of a misdemeanor for the first offense and upon conviction shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than one year; in the event that any second or subsequent offense occurs within six years of the date of conviction for a prior offense, the employer shall be guilty of a felony for the second or subsequent offense, and upon conviction shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than one year plus one day, or punished by both such fine and imprisonment, for each such offense. N.Y. Labor 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 four persons in his or her employ. N.Y. Exec. Law § 292(5).

Remedies: Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint with the Human Rights Division. N.Y. Exec. Law § 297(1). If the commissioner finds that the respondent has engaged in an unlawful discriminatory practice, the commissioner shall issue judgment requiring respondent to cease and desist, requiring respondent to take affirmative action, and awarding compensatory damages to the person aggrieved. N.Y. Exec. Law § 292(4)(c)(i)-(iii). The commissioner shall also assess civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by a respondent found to have committed an unlawful discriminatory act, or not to exceed $100,000 to be paid to the state by a respondent found to have willfully, wantonly, or maliciously committed an unlawful discriminatory act. N.Y. Exec. Law § 292(4)(c)(vi). Unless a person has filed a complaint with the Human Rights Division, any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages and other remedies as may be appropriate, including any civil fines and penalties provided in § 292(4). N.Y. Exec. Law § 292(9).

Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee. N.Y. Labor Law § 194(4)(a). An employer may establish reasonable workplace and workday limitations on the time, place, and manner for inquiries about, discussion of, or the disclosure of wages. N.Y. Labor Law § 194(4)(b).

Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service; does not apply to governmental agencies. N.Y. Labor Law § 190(3).

Remedies: No specific remedies provision.

NORTH CAROLINA

Protection: North Carolina public policy protects and safeguards the right and opportunity of all persons to hold employment without discrimination on the basis of 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 which regularly employ 15 or more employees. N.C. Gen. Stat. § 143-422.2.

Remedies: No specific remedies provision.

Only federal protections apply. See federal law summary.

NORTH DAKOTA

North Dakota Equal Pay Statute
Protection: An employer may not discriminate between employees in the same establishment on the basis of gender, by paying wages to any employee in any occupation in North Dakota 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 any individual, partnership, corporation, limited liability company, legal representative, trustee, trustee in bankruptcy, or voluntary association acting directly or indirectly in the interest of an employer in relation to one or more employees of each sex. N.D. Cent. Code § 34-06.1-02(4), (6).

Remedies: Any individuals claiming to be aggrieved by an unlawful employment practice under this section may bring an action in the district court; an employer in violation is liable to the employees affected in the amount of their unpaid wages, and in instances of willful violation in employee suits, up to an additional equal amount as liquidated damages; the court, in cases of violation, shall also allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. N.D. Cent. Code § 34-06.1-05(1)-(2). Any person in violation is guilty of a class B misdemeanor. N.D. Cent. Code § 34-06.1-09.


North Dakota Human Rights Statute
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 an individual, partnership, association, corporation, limited liability company, unincorporated organization, mutual company, joint stock company, trust, agent, legal representative, trustee, trustee in bankruptcy, receiver, labor organization, public body, public corporation within North Dakota who employs one or more employees for more than one quarter of the year and a person wherever situated who employs one or more employees whose services are to be partially or wholly performed in North Dakota; also applies to the state of North Dakota and any political subdivision and agency thereof. N.D. Cent. Code § 14-02.4-02(8), (13).

Remedies: Any person claiming to be aggrieved by any discriminatory practice may file a complaint of discriminatory practice with the department of labor and human rights, division of human rights, or may bring an action in the district court. N.D. Cent. Code § 14-02.4-19(2). If the department or court determines that respondent has engaged in a discriminatory practice, the department or court may enjoin the respondent form engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and backpay limited to no more than 2 years from the date a sufficient claim was filed; neither the department nor the court 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.

Only federal protections apply. See federal law summary.

OHIO

Ohio Minimum Fair Wage Standards Act
Protection: No employer, including the state and its political subdivisions, 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. However, nothing in this section prohibits an employer from paying wages to one employee at a rate different from that at which the employer pays another employee for equal work, under similar conditions, and on jobs requiring equal skill, effort, and responsibility when the payment is made pursuant to a seniority system; a merit system; a system which measures earnings by the quantity or quality of production; a wage rate differential determined by any factor other than sex. Ohio Rev. Code Ann. § 4111.17(A)-(B).

Coverage: The Ohio Minimum Fair Wage Standards Act has the same coverage as the federal Fair Labor Standards Act of 1938. Ohio Rev. Code Ann. § 4111.14)(B). The Fair Labor Standards Act 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**. 29 U.S.C. §§ 206(a) 203(d). *According to the Wage and Hour Division of the U.S. Department of Labor, 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 18, 2016). **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 of competent jurisdiction 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, costs, and attorneys’ fees. Ohio Rev. Code Ann. § 4111.17(D).


Ohio Fair Employment Practices Law
Protection: It is an unlawful employment practice for any employer, because of the sex of any person, to discriminate against that person with respect to terms, conditions, or privileges of employment or any matter directly or indirectly related to employment. Ohio Rev. Code Ann. § 4112.02(A).

Coverage: Applies to all employers with four or more employees in the state, any person acting in the interest of an employer with four or more employees, and the state and its subdivisions. However, the law does not apply to employees who work 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.

Only federal protections apply. See federal law summary.

OKLAHOMA

Oklahoma Equal Pay Act
Protection: It shall be unlawful for any employer within the State of Oklahoma 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, except where such payment is made pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any factor other than sex. Okla. Stat. tit. 40, § 198.1.

Coverage: The Act applies to any employer Okla. Stat. tit. 40, § 198.1.

Remedies: Any employer who violates the provisions of this Act shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $25.00 nor more than $100.00. Okla. Stat. Ann. tit. 40, § 198.2. However, employees that have been discriminated against in violation of this act do not have a private right of action for damages. Okla. Stat. tit. 40, § 198.2.


Oklahoma Anti-Discrimination Act
Protection: It is an unlawful discriminatory practice for an employer to discriminate against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment because of sex. Okla. Stat. tit. 25, § 1302(A)(1). However, it is not a discriminatory practice for an employer to apply different standards of compensation pursuant to a bona fide seniority or merit system, a system which measures earnings by quantity or quality of production, or the location in which employees work, if the differences are not the result of an intention to discriminate because of sex. Okla. Stat. tit. 25, § 1309(1). It is also not unlawful for an employer to give and act upon the results of a professionally-developed ability test if the test, its administration, and any action upon the results is not designed, intended, or used to discriminate because of sex. Okla. Stat. tit. 25, § 1309(2). For purposes of this Act, the word “sex” includes, but is not limited to, pregnancy, childbirth and related medical conditions. Okla. Stat. tit. 25, § 1301(6).

Coverage: Applies to any legal entity, institution or organization that pays one or more individuals a salary or wages for work performance or that contracts or subcontracts with a governmental entity to furnish material or perform work. However, this Act 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 perform domestic services in the home of the employer; or to religious corporations, associations, or societies with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corporation, association, or society of its religious activities. Okla. Stat. tit. 25, §§ 1301(1), 1302(B), 1307.

Remedies: Individuals that have been discriminated against in violation of this Act may bring a civil action in district court within 180 days of filing a charge with either the Oklahoma Attorney General’s Office or the Equal Employment Opportunity Commission (EEOC). 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(B), (D), (G), and (H).

Only federal protections apply. See federal law summary.

OREGON

Oregon Equal Pay Statute
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 the employer pays wages to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. However, this prohibition does not apply where payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex or where a differential in wages between employees is based in good faith on factors other than sex. Or. Rev. Stat. § 652.220(1)-(2).

Coverage: Applies to any employer with at least one employee who provides services within the state, including the State of Oregon and any of its political subdivisions but not including the federal government. Or. Rev. Stat. § 652.210 (1)-(2). Although the Oregon Equal Pay Statute 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 of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this 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 Statute
Protection: It is an unlawful employment practice for an employer, because of an individual's sex, to discriminate against the individual in compensation or in terms, conditions or privileges of employment. Or. Rev. Stat. § 659A.030(1)(b). For purposes of this statute, the phrase “because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. Or. Rev. Stat. § 659A.029.

Coverage: Applies to persons (defined to include, among other persons, government bodies, corporations, and individuals, Or. Rev. Stat. § 30.260) who employ at least one person in the state, either directly or through an agent. However, the statute 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: Any person aggrieved by an unlawful practice in violation of this section may file a civil action in circuit court. 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)-(2).

Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee or made a charge, filed a complaint or instituted, or caused to be instituted, an investigation, proceeding, hearing or action based on the disclosure of wage information by the employee. Or. Rev. Stat. § 659A.355(1).

Coverage: Applies to persons (defined to include, among other persons, government bodies, corporations, and individuals, Or. Rev. Stat. § 30.260) who employ at least one person in the state, either directly or through an agent, but does not apply to any individual employed by the individual’s parents, spouse, or child, or in the domestic service of any person. Or. Rev. Stat. § 659A.001(3)-(4)(a).

Remedies: Any person aggrieved by an unlawful practice in violation of § 659A.355 may file a civil action in circuit court. 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)-(2).

PENNSYLVANIA

Pennsylvania Equal Pay Law
Protection: No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. 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 (29 U.S.C. § 206). 43 Pa. Cons. Stat. § 336.2(a)-(b).

Remedies: An employer who willfully and knowingly violates this act shall be liable to the employee or employees affected in the amount of their unpaid wages and in addition, an equal amount as liquidated damages. An action to recover such wages and damages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. The court in such action shall, in addition to any wages and damages, allow a reasonable attorney's fee and costs of the action to the plaintiff. 43 Pa. Cons. Stat. § 336.5(a).


Pennsylvania Human Relations Act
Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, security regulations established by the United States or the Commonwealth of Pennsylvania, or in the case of a fraternal organization, membership in such organization, for any employer because of the sex of any individual, to discriminate against such individual with respect to compensation, tenure, terms, conditions or privileges of employment, 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 four or more employees in the Commonwealth, as well as the Commonwealth and its political subdivisions, boards, departments, commissions, and school districts. However, the Act 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: Any person aggrieved by any unlawful discriminatory practice may file a complaint with the Pennsylvania Human Resources Commission. 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(a), (f)(1). A person aggrieved by an unlawful discriminatory practice may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses her complaint or has not entered into a conciliation agreement with the respondent employer within one year of her complaint. 43 Pa. Cons. Stat. § 962(c)(1).

Only federal protections apply. See federal law summary.

RHODE ISLAND

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. However, nothing contained in this section shall prohibit a variation in rates of pay based upon either difference in: seniority, experience, training, skill, or ability; duties and services performed, either regularly or occasionally; the shift or time of day worked; or availability for other operations or any other reasonable differentiation except difference in sex. 28 R.I. Gen. Laws § 28-6-18(a)-(b).

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. An action to recover the liability may be maintained in any court of competent jurisdiction by any one or more employees. 28 R.I. Gen. Laws § 28-6-20. Additionally, any employer in violation shall, upon conviction, be punished by a fine of not more than $200 or by imprisonment for not more than six 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, gender identity, or gender expression, to discriminate against him or her with respect to hire, tenure, compensation, terms, conditions or privileges of employment. 28 R.I. Gen. Laws § 28-5-7(1)(ii). “Because of sex” includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. 28 R.I. Gen. Laws § 28-5-6(2).

Coverage: Applies to any person in the state (defined to include, among other persons, individuals, partnerships, and corporations) employing four or more individuals; any person acting in the interest of a person with four or more employees; and the state and all political subdivisions of the state. However, the Act excludes from coverage religious organizations with respect to the employment of individuals of their religion to perform work connected with the carrying on of their activities; individuals employed by a parent, spouse, or child; and individuals in the domestic service of any person. 28 R.I. Gen. Laws § 28-5-6(7)-(8), (14).

Remedies: An individual that has been aggrieved by an unlawful employment practice may file a complaint with the Rhode Island Commission for Human Rights. 28 R.I. Gen. Laws §§ 28-5-17(a), 28-5-18(a). The Commission endeavors to resolve unlawful employment practices informally but holds hearings on employees’ charges when it is unable to do so. 28 R.I. Gen. Laws §§ 28-5-17(a), 28-5-18(a). 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 any further affirmative action that will effectuate the purposes of this chapter, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without back pay. 28 R.I. Gen. Laws § 28-5-24. Employees may also obtain judicial review of any final order of the Commission. 28 R.I. Gen. Laws § 28-5-28. 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.

Only federal protections apply. See federal law summary.

SOUTH CAROLINA

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 any person – individuals, labor unions and organizations, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or other legal or commercial entities located in part or in whole in the South Carolina or doing business in South Carolina, the State and any of its agencies and departments or local subdivisions of state agencies and departments, and municipalities, counties, special purpose districts, school districts, and other local governments – who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agency of such a person; does not apply to an Indian tribe or a bona fide private membership club other than a labor organization. S.C. Code Ann. § 1-13-30(d)-(e).

Remedies: Any person shall complain to the Commission within 180 days after the alleged discriminatory practice has occurred. S.C. Code Ann. § 1-13-19(a). If the 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 such affirmative action as may be appropriate, which may include reinstatement of hiring of employee(s), with or without backpay payable by the employer. S.C. Code Ann. § 1-13-19(d)(9).

Only federal protections apply. See federal law summary.

SOUTH DAKOTA

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 in any occupation 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 § 60-12-15 is liable to an employee affected in the amount of the employee’s unpaid wages; action to recover the liability may be maintained in a court of competent jurisdiction, and the court may allow a reasonable attorney fee to be paid by the defendant 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 person – individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of South Dakota, and all political subdivisions and agencies thereof – within the State of South Dakota 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 of South Dakota. S.D. Codified Laws § 20-13-1(7), (11).

Remedies: Any person claiming to be aggrieved by a discriminatory or unfair practice may file a charge with the Division of Human Rights. S.D. Codified Laws § 20-13-29. If the commission finds that a respondent has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring such respondent to cease and desist from such discriminatory or unfair practice and take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without backpay, and any other appropriate relief. S.D. Codified Laws § 20-13-42.

Only federal protections apply. See federal law summary.

TENNESSEE

Tennessee Equal Pay Law
Protection: No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. 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 of Tennessee, but not its political subdivisions. Tenn. Code Ann. § 50-2-201(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, any employer who violates § 50-2-202 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, any employer who violates § 50-2-202 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 plaintiff(s), allow a reasonable attorney’s fee and cost of the action to be paid by defendant. 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 Statute
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 the State of Tennessee, or any political or civil subdivision thereof, and to persons – one or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations, or other organized groups of persons – employing 8 or more persons within the State of Tennessee, or any person acting as an agent of an employer, directly or indirectly. Tenn. Code Ann. § 4-21-102(5), (14).

Remedies: A person claiming to be aggrieved by a discriminatory practice, or a member of the commission may file a complaint with the commission. Tenn. Code Ann. § 4-21-302(a). Any time after a complaint is filed, the commission may file an action in the chancery court or circuit court. Tenn. Code Ann. § 4-21-303(g). If the commission determines the respondent has engaged in a discriminatory practice, the commission shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take affirmative action as in the judgment of the commission. Tenn. Code Ann. § 4-21-305(b). Affirmative action may include payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney’s fee. Tenn. Code Ann. § 4-21-306(7). For any cause of action arising under § 4-21-401, the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, shall not exceeds, for each complaining party: $25,000 in the case of an employer who has 8 or more, but fewer than 15 employees; $50,000 in the case of an employer who has more than 14 and fewer than 101 employees; $100,000 in the case of an employer who has more than 100 and fewer than 201 employees; $200,000 in the case of an employer who has more than 200 and fewer than 501 employees; and $300,000 in the case of an employer who has more than 500 employees; these limitations do not apply to backpay, interest on backpay, or any equitable relief. Tenn. Code Ann. § 4-21-313(a)-(b).

Only federal protections apply. See federal law summary.

TEXAS

Texas Equal Work, Equal Pay Law
Protection: A woman who performs public service for the state of Texas 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 specified remedies contained in the statute.


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 a person, or an agent of a person, who is engaged in an industry affecting commerce and who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; applies to an individual elected to public office in the State of Texas or a political subdivision of the State of Texas; applies to a county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed. Tex. Lab. Code Ann. § 21-002(8).

Remedies: A person claiming to be aggrieved by an unlawful employment practice may file a complaint with the commission. Tex. Lab. Code Ann. § 21.201(a). The commission may bring a civil action against a respondent, and the complainant may intervene in the civil action. Tex. Lab. Code Ann. § 21.251(a)-(b). On finding that a respondent engaged in an unlawful employment practice, a court may prohibit by injunction the respondent from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without backpay. Tex. Lab. Code Ann. § 21.258(a)-(b). On a finding that a respondent engaged in an unlawful intentional employment practice, a court pay award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include backpay or interest on backpay. Tex. Lab. Code Ann. § 21.2585(a)-(c).

Only federal protections apply. See federal law summary.

UTAH

Utah Antidiscrimination Act
Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex. Utah Code Ann. § 34A-5-106(1)(a)(i)(C).

Coverage: Applies to the state of Utah; a political subdivision; a board, commission, department, institution, school district, trust, or agent of the state of Utah or a political subdivision of the state of Utah; or a person – an individual, partnership, association, corporation, legal representative, trust, trustee, or receiver – employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. Utah Code Ann. § 34A-5-102(1)(i)(i)(A)-(D), (1)(p)(i). Does not apply to: a religious organization, a religious corporation sole, a religious association, a religious society, a religious educational institution, or a religious leader, when that individual is acting in the capacity of a religious leader; any corporation or association constituting an affiliate, a wholly owned subsidiary, or an agency of any religious organization, religious corporation sole, religious association or religious society; or the Boy Scouts of America or its councils, chapters, or subsidiaries. Utah Code Ann. § 34A-5-102(1)(i)(ii)(A)-(C).

Remedies: A person claiming to be aggrieved by a discriminatory or prohibited employment practice may file a request for agency action. Utah Code Ann. § 34A-5-107(1)(a). If the presiding officer finds that a respondent has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the respondent to cease any discriminatory or prohibited employment 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)(ii)-(iv). 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(16)(a).


Utah State Personnel Management Act
Protection: The state of Utah and its officers and employees are governed by the provisions of § 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Utah Code Ann. § 37-19-4.

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); 67-19-12. Exempt employees include, among other employees, 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 the Act is guilty of a class A misdemeanor. Utah Code Ann. § 67-19-29.

Only federal protections apply. See federal law summary.

VERMONT

Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Vt. Stat. Ann. tit. 21, § 495(a)(7).

Coverage: Applies to any individual, organization, or governmental body including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within the state of Vermont, and any agent of such employer, which has one or more individuals performing services for it within the state of Vermont. Vt. Stat. Ann. tit. 21, § 495d(1).

Remedies: Any person aggrieved by a violation 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, costs, reasonable attorney’s fees, and other appropriate relief. Vt. Stat. Ann. tit. 21, § 495b(b).

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(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. tit. 21, § 495(a)(8)(D).

Coverage: Applies to any individual, organization, or governmental body including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within the state of Vermont, and any agent of such employer, which has one or more individuals performing services for it within the state of Vermont. Vt. Stat. Ann. tit. 21, § 495d(1).

Remedies: Any person aggrieved by a violation 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, costs, reasonable attorney’s fees, and other appropriate relief. Vt. Stat. Ann. tit. 21, § 495b(b). Any employer who violates the provisions of § 495(a)(8) shall be liable to any affected employee in the amount of underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. Vt. Stat. Ann. tit. 21, § 495b(c).

VIRGINIA

Protection: No employer having employees shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. Va. Code Ann. § 40.1-28.6

Coverage: This section shall not apply to employers covered by the Fair Labor Standards Act of 1938 as amended. 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. See 29 U.S.C. §§ 206(a) 203(d). “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. 29 U.S.C.§ 203. According to the Wage and Hour Division of the U.S. Department of Labor, 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 18, 2016). 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 is a (2) hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1); see also 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 18, 2016).

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.

Only federal protections apply. See federal law summary.

WASHINGTON

Washington Equal Pay Act
Protection: It is unlawful for any employer in the state, employing both males and females, to discriminate in any way in the payment of wages as between sexes or who shall pay any female a less wage, be it time or piece work, or salary, than is being paid to males similarly employed, or in any employment formerly performed by males, shall be guilty of a misdemeanor. However, a differential in wages between employees based in good faith on a factor or factors other than sex shall not constitute unlawful discrimination. Wash. Rev. Code § 49.12.175.

Coverage: Applies to all employers, including the state and its subdivisions, and all employees except for certain individuals between sixteen and twenty-one years of age who are employed as players for junior ice hockey teams. Wash. Rev. Code § 49.12.005(3)(b)-(4).

Remedies: Violation of this section is a misdemeanor. Additionally, if any female employee shall receive less compensation because of being discriminated against on account of her sex, and in violation of this provision, she shall be entitled to recover in a civil action the full amount of compensation that she would have received had she not been discriminated against. Wash. Rev. Code § 49.12.175.


Washington State 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 and persons acting in the interest of employers with eight or more employees, except for religious or sectarian organizations not operated for profit, and all employees except for individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Wash. Rev. Code § 49.60.040(10)-(11).

Remedies: An individual aggrieved by an unfair employment practice may file a complaint with the Washington Human Rights Commission. Upon a finding that an employer engaged in an unfair employment practice, a Commission Administrative Law Judge may order the employer to cease and desist from such unfair practice and to take such other action as, in the judgment of the Administrative Law Judge, will effectuate the purposes of the Act. Wash. Rev. Code §§ 49.60.230(1)(a), 49.60.250(5).

Only federal protections apply. See federal law summary.

WEST VIRGINIA

West Virginia Equal Pay for Equal Work Act
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. However, this section does not apply where: payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex or a differential in wages between employees is based in good faith on factors other than sex. W. Va. Code. § 21-5B-3(1)-(2).

Coverage: Applies to employers with at least one employee in the state, with the exception of the state and its political subdivisions 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)-(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).


West Virginia Equal Pay for Equal Work for State Employees Act (Public Employment)
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. However, nothing in this section prohibits the payment of different wages to employees where the payment is made pursuant to a bona fide seniority system; a merit system; or a system that measures earnings by quantity or quality of production. W. Va. Code. § 21-5E-3.

Coverage: Applies to any person hired for permanent employment or temporary employment for more than six consecutive months by any department, commission, agency or board of the State of West Virginia, 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, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the state of West Virginia or its agencies or political subdivisions, for any employer to discriminate against an individual because of sex with respect to compensation, hire, tenure, terms, conditions or privileges of employment if the individual is able and competent to perform the services required. W. Va. Code §§ 5-11-3(h), 5-11-9. Section 5-11-9(1) of the West Virginia Human Rights Act (WVHRA) makes it unlawful “for any employer to discriminate against an individual because of sex with respect to compensation, hire, tenure, terms, conditions or privileges of employment if the individual is able and competent to perform the services required” and WVHRA Section 5-11-3(h) defines discrimination as “to exclude from, or fail or refuse to extend to, a person equal opportunities because of race, religion, color, national origin, ancestry, sex, age, blindness, disability or familial status and includes to separate or segregate.” See W.V. Code §§ 5-11-3(h); 5-11-9(1). Construing these provisions together, the courts have held that the WHVRA prohibits 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, any political subdivision thereof, and any person employing twelve or more persons within the state. However, the Act excludes from coverage private clubs and any individual employed by his or her parents, spouse or child. W. Va. Code § 5-11-3(d)-(e).

Remedies: An individual aggrieved by an unlawful discriminatory practice may file a complaint with the West Virginia Human Rights Commission. If, after a hearing, the Commission finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice, the commission shall issue and cause to be served on such respondent an order to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to reinstatement or upgrading of employees. W. Va. Code § 5-11-10. Additionally, the Commission may grant individuals a right to institute a civil action under this Act. In any such action, if the court finds that the respondent has engaged in an unlawful discriminatory practice, the court shall enjoin the respondent 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).

Only federal protections apply. See federal law summary.

WISCONSIN

Protection: It is an act of employment discrimination to discriminate against any individual in compensation or in terms, conditions or privileges of employment because of their sex. Wis. Stat. §§ 111.321, 111.322. Employment discrimination because of sex includes discriminating against any woman on the basis of pregnancy, childbirth, maternity leave or related and discrimination on the basis of sexual orientation. Wis. Stat. § 111.36 (West).

Coverage: Applies to all employers with at least one employee, including the state and its agencies, with the exception of social club or fraternal society with respect to a particular job for which the club or society seeks to employ or employs a member and applies to all employees except for any individual employed by his or her parents, spouse, or child. Wis. Stat. § 111.32(5)-(6).

Remedies: Individuals aggrieved by discriminatory practices may file complaints with the Wisconsin Department of Workforce Development. Following a hearing and upon a finding of discrimination, the Department may order such action by the employer as will effectuate the purpose of this Act, with or without back pay. Wis. Stat. § 111.39(a), (c).

Only federal protections apply. See federal law summary.

WYOMING

Wyoming Equal Pay Law
Protection: No employer shall discriminate, within the same establishment in which the employees are employed, between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions, except where the payment is made pursuant to a seniority system; a merit system; a system which measures earning by quantity or quality of production; or a differential based on any other factor other than gender. Wyo. Stat. Ann. § 27-4-302(a).

Coverage: Applies to all persons – including individuals, partnerships, corporations, and associations – acting directly or indirectly in the interest of an employer and to all employees. Wyo. Stat.1977 § 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. An employee that has been aggrieved by a violation of § 27-4-302(a) may maintain a civil action to recover liability or file a complaint with the Director of the Department of Workforce Services. Wyo. Stat. Ann. § 27-4-303(a)-(b).


Wyoming Fair Employment Practices Act
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)-(ii).

Coverage: Applies to employers with two or more employees in the state, including the state of Wyoming or any political subdivision or board, commission, department, institution or school district thereof, but does not apply to religious organizations or associations. Wyo. Stat. Ann. § 27-9-102(b).

Remedies: An individual aggrieved by a discriminatory or unfair employment practice may file a complaint with the Department of Workforce Services. Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department 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; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Wyo. Stat. Ann. § 27-9-106(a), (n).

Only federal protections apply. See federal law summary.

UNITED STATES

(Federal)

Equal Pay Act
Protection: No employer shall discriminate, within any establishment, 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, except where such payment is made pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. 29 U.S.C. § 206(d).

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. §§ 262(a), 206(a) 203(d). “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. 29 U.S.C.§ 203. According to the Wage and Hour Division of the U.S. Department of Labor, 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 18, 2016). 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 is a (2) hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1); see also 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 18, 2016).

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 six 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 any court of competent jurisdiction for unpaid wages and an additional equal amount as liquidated damages. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, 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: Title VII's protections cover employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments. 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 or is intentionally engaging in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay, or any other equitable relief as the court deems appropriate. 42 U.S.C. § 2000e-5(e)(1), (f)(1), (g)(1).

OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information
Protection: The Rule requires federal contractors and subcontractors to 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. 80 Fed. Reg. 54934, 54975 (codified at 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 rule does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, 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, 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 may exempt contractors and subcontractors from complying with this provision if she deems that special circumstances so require. The heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that national security so requires. 41 C.F.R. § (b)(1), (c).

Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination. It 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.