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1 | Current Laws regarding Compensation | ||||||||||||||||||||||||||
2 | Scope: USA & Canada | ||||||||||||||||||||||||||
3 | |||||||||||||||||||||||||||
4 | US State | Pay Discussion | Equal Pay | Record Keeping | Pay Transparency | Gender Pay Gap | Job Postings | ||||||||||||||||||||
5 | 0 Federal Law | Executive Order 11246: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information. (Goverment contractors, subcontractors, federally assisted construction contractors) | The Equal Pay Act of 1963: "[n]o employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] 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 (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 [...]." | Recordkeeping Requirements EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination. Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment. These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed against the employer. | VII of the Civil Rights Act of 1964 as amended: Employers who have at least 100 employees and federal contractors who have at least 50 employees are required to complete and submit an EEO-1 Report (a government form that requests information about employees' job categories, ethnicity, race, and gender) to EEOC and the U.S. Department of Labor every year. | ||||||||||||||||||||||
6 | Alabama | Clarke-Figures Equal Pay Act (CFEPA) Under the Act, an employer may not prohibit an employee from: Disclosing their own wages; Discussing the wages of others; Inquiring about another employee’s wages; or Aiding or encouraging any other employee to exercise his or her rights under the Act. Nothing in the Act, however, creates an obligation for an employee to disclose his or her wages. The Act requires employers to maintain records of the wages and wage rates, job classifications, and other terms and conditions of their employees’ employment for a period of three years. | Clarke-Figures Equal Pay Act (CFEPA): Employers cannot legally pay an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility…under similar working conditions. If there is a wage differential it can only be based on seniority, a defined merit system, a system that measures earnings by quantity or quality of production or a differential based on any factor other than sex or race as specified. An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. Wage history means the wages paid to an applicant for employment by the applicant's current or former employer. | ||||||||||||||||||||||||
7 | Alaska | Employment Discrimination Ac,t Alaska Stat. § 18.80.220: It is unlawful for an employer to discriminate in the payment of wages as between the sexes, or to employ a female in an occupation in this state at a salary or wage rate less than that paid to a male employee for work of comparable character or work in the same operation, business, or type of work in the same locality; or | The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations. However, statistical information compiled from records on age, sex, and race shall be made available to the general public. | ||||||||||||||||||||||||
8 | Arizona | Equal Wages, Ariz. Rev. Stat. Ann. § 23-340, 341: A. Notwithstanding the other provisions of this chapter, 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, provided, that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith. G. The burden of proof shall be upon the person bringing the claim to establish that the differentiation in rate of pay is based upon the factor of sex and not upon other differences, factor or factors. | |||||||||||||||||||||||||
9 | Arkansas | Wage Discrimination, Ark. Code Ann. § 11-4-601: Discrimination on the basis of sex prohibited. (a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee. § 11-4-610: Wage discrimination between sexes prohibited. (a) 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. (b) Nothing in §§ 11-4-607 - 11-4-612 shall prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of day worked, or any other reasonable differentiation except difference in sex. | Ark. Code Ann §11-4-612, Employer to keep records: (a) Every employer subject to §§ 11-4-607 - 11-4-612 shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him or her, and the records shall be preserved for a period of three (3) years. (b) The records shall also be made available to the parties and to the court wherein an action to recover unpaid wages under this subchapter is pending. | ||||||||||||||||||||||||
10 | California | Equal Pay Act, Cal. Labor Code § 1197.5:(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. Labor Code - LAB § 432.3: (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment. (f) This section does not apply to salary history information disclosable to the public pursuant to federal or state law, including the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or the federal Freedom of Information Act (Section 552 of Title 5 of the United States Code). (h) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer. (i) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant. (j) Nothing in this section shall prohibit an employer from asking an applicant about his or her salary expectation for the position being applied for. (k) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary to justify any disparity in compensation. | Equal Pay Act, Cal. Labor Code § 1197.5: (a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex ( (b)of another race or ethnicity) for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. | Cal. Labor Code § 1197.5:(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. LAB § 432.3 (c): (4) An employer shall maintain records of a job title and wage rate history for each employee for the duration of the employment plus three years after the end of the employment in order for the Labor Commissioner to determine if there is still a pattern of wage discrepancy. These records shall be open to inspection by the Labor Commissioner. | LAB § 432.3 (c): (1) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment. (2) An employer, upon request, shall provide an employee the pay scale for the position in which the employee is currently employed. | LAB § 432.3 (c): (3) An employer with 15 or more employees shall include the pay scale for a position in any job posting. (5) An employer with 15 or more employees that engages a third party to announce, post, publish, or otherwise make known a job posting shall provide the pay scale to the third party. The third party shall include the pay scale in the job posting. | |||||||||||||||||||||
11 | Colorado | Colo. Rev. Stat. § 8-5-102: (2) An employer shall not: (a) Seek the wage rate history of a prospective employee or rely on the wage rate history of a prospective employee to determine a wage rate; (b) Discriminate or retaliate against a prospective employee for failing to disclose the prospective employee's wage rate history; (c) Discharge, or in any manner discriminate or retaliate against, an employee for invoking this section on behalf of anyone or assisting in the enforcement of this subsection (2); (d) Discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with an employee or other person because the employee or person inquired about, disclosed, compared, or otherwise discussed the employee's wage rate; (e) Prohibit, as a condition of employment, an employee from disclosing the employee's wage rate; or (f) Require an employee to sign a waiver or other document that: (I) Prohibits the employee from disclosing wage rate information; or (II) Purports to deny the employee the right to disclose the employee's wage rate information. | Equal Pay For Equal Work Act, Colo. Rev. Stat. § 8-5-102: (1) An employer shall not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status as described in section 24-34-402(1)(a), by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, regardless of job title, based on a composite of skill; effort, which may include consideration of shift work; and responsibility, except where the employer demonstrates each of the following: (a) That the wage rate differential is based on: (I) A seniority system; (II) A merit system; (III) A system that measures earnings by quantity or quality of production; (IV) The geographic location where the work is performed; (V) Education, training, or experience to the extent that they are reasonably related to the work in question; or (VI) Travel, if the travel is a regular and necessary condition of the work performed; (d) That prior wage rate history was not relied on to justify a disparity in current wage rates. | Colo. Rev. Stat. § 8-5-202: An employer shall keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment in order to determine if there is a pattern of wage discrepancy. | Colo. Rev. Stat. § 8-5-201: (1) An employer shall make reasonable efforts to announce, post, or otherwise make known all opportunities for promotion to all current employees on the same calendar day and prior to making a promotion decision. | Colo. Rev. Stat. § 8-5-201: (2) An employer shall disclose in each posting for each job opening the hourly or salary compensation, or a range of the hourly or salary compensation, and a general description of all of the benefits and other compensation to be offered to the hired applicant. | |||||||||||||||||||||
12 | Connecticut | Public Act No. 21-30: (b) No employer shall: (1) Prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (2) Prohibit an employee from inquiring about the wages of another employee of such employer; (3) 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 that have been disclosed voluntarily by such other employee; (4) 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; (5) Inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information, except that this subdivision shall not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. Nothing in this section shall prohibit an employer from inquiring about other elements of a prospective employee's compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure; (6) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (7) Discharge, discipline, discriminate against, retaliate against or otherwise penalize any employee who inquires about the wages of another employee of such employer; (c) Nothing in this section shall be construed to require any employer or employee to disclose the amount of wages paid to any employee. | Discrimination in compensation on the basis of sex, Conn. Gen. Stat. Ann. §31-75: a) No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section. (b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, such as education, training or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. (c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76. | Public Act No. 21-30: (b) No employer shall: (8) Fail or refuse to provide an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (A) the applicant's request, or (B) prior to or at the time the applicant is made an offer of compensation; or (9) Fail or refuse to provide an employee the wage range for the employee's position upon (A) the hiring of the employee, (B) a change in the employee's position with the employer, or (C) the employee's first request for a wage range. | Proposed Bill No. 5243: That §31 chapter 557 of the general statutes be amended to require employers to disclose salary ranges in job postings. (Proposed January 23) | ||||||||||||||||||||||
13 | DC | DC Code § 2–1402.11. Prohibitions: (a) General. — It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, credit information, or homeless status of any individual: (1)(A) By an employer. — To fail or refuse to hire, or to discharge, any individual; or otherwise to discriminate against any individual, with respect to his or hers compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify his or hers employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or hers status as an employee § 2–1402.12. Exception. (a) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual. (b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs. | |||||||||||||||||||||||||
14 | Delaware | Delaware Code Title 19. Labor § 709B. Unlawful employment practices; compensation history: (b) It shall be an unlawful employment practice for an employer or an employer's agent to: (1) Screen applicants based on their compensation histories, including by requiring that an applicant's prior compensation satisfy minimum or maximum criteria. (2) Seek the compensation history of an applicant from the applicant or a current or former employer. (c) For the purposes of this section, if an employer can demonstrate that the employer's agent, who is not an employee, was informed of the requirements of this section and instructed to comply by the employer, then the employer is not liable for actions taken by the agent in violation of this section. (d) Nothing in this section prohibits an employer or an employer's agent and an applicant from discussing and negotiating compensation expectations provided that the employer or employer's agent does not request or require the applicant's compensation history. (e) Nothing in this section prohibits an employer or an employer's agent from seeking the applicant's compensation history after an offer of employment with terms of compensation has been extended to the applicant and accepted, for the sole purpose of confirming the applicant's compensation history. | Differential rate of pay based on gender prohibited, Delaware Code Title 19. Labor § 1107A: (a) 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: (1) A seniority system; (2) A merit system; (3) A system which measures earnings by quantity or quality of production; or (4) 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. (b) 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. Delaware Code Title 19. Labor § 711. Unlawful employment practices; employer practices: (a) It shall be an unlawful employment practice for an employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin; or (2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin. | Delaware Code Title 19. Labor § 1108. Duty of employer regarding notification and records: It shall be the duty of every employer of over 3 employees to: (6) Make, keep and preserve for a period not less than 3 years the records specified in the chapter, including wage and hour records, in or about the premises or place of business or employment or at 1 or more central record keeping offices, and make such reports therefrom to the Department as it shall deem by regulation to be necessary or appropriate to administer or enforce this chapter. | Delaware Code Title 19. Labor § 1108. Duty of employer regarding notification and records: It shall be the duty of every employer of over 3 employees to: (1) Notify each employee in writing, at the time of hiring, of the rate of pay and of the day, hour and place of payment; (2) Notify each employee in writing or through a posted notice maintained in a place accessible to the employees and where they normally pass of any reduction in the regular rate of pay, and day, hour and place of payment prior to the time of such reduction; (3) Make available to each employee in writing or through a poster notice maintained in a place accessible to the employees and where they normally pass employment practices and policies with regard to vacation pay, sick leave and comparable matters; (4) Furnish to each employee at the time of payment a statement, either on the check, or by a separate slip, or electronically, so long as the electronic statement is in a form capable of being retained by the employee, showing the wages due, the pay period for which the wages are due and the total amount of deductions, separately specified, which have been made from the wages due, provided such statement shall, for an employee who is paid at an hourly rate, show the total number of hours for the said pay period. Where the statement is furnished electronically, an employee may request that the statement be provided in written form on a separate slip. (5) Post and maintain in a place accessible to the employees and where they normally pass a summary of this chapter to be supplied by the Department upon request without charge; | ||||||||||||||||||||||
15 | Florida | Florida Statutes Title XXXI. Labor § 448.07. Wage rate discrimination based on sex prohibited: (2) Discrimination on basis of sex prohibited. (a) 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: 1. A seniority system; 2. A merit system; 3. A system which measures earnings by quantity or quality of production; or 4. A differential based on any reasonable factor other than sex when exercised in good faith. (b) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of this section. | |||||||||||||||||||||||||
16 | Georgia | Only for Atlanta: A job applicant or interviewer won't be asked for salary history during a job interview or screening. | Georgia Code Title 34. Labor and Industrial Relations § 34-5-1: The General Assembly declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work in jobs which require the same, or essentially the same, knowledge, skill, effort, and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover, and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; decreases mobility of workers and increases labor costs; impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utilization of the labor resources available to the state; threatens the well-being of citizens of this state; and adversely affects the general welfare. It is declared to be the policy of the State of Georgia to eliminate, as rapidly as possible, by exercise of the police power of this state, discriminatory wage practices based on sex. Georgia Code Title 34. Labor and Industrial Relations § 34-5-3: (a) No employer having employees subject to any provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system, (2) a merit system, (3) a system which measures earnings by quantity or quality of production, or (4) a differential based on any other factor other than sex. 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. (b) It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of this chapter. (c) It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by this chapter because such employee has made a complaint to his employer or any other person or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceedings. Any person who violates any provision of this Code section shall, upon conviction thereof, be punished by a fine not to exceed $100.00. Georgia Code Title 34. Labor and Industrial Relations § 34-1-2: (a) No person, firm, association, or corporation carrying on or conducting within this state any business requiring the employment of labor shall refuse to hire, employ, or license nor shall such person, firm, association, or corporation bar or discharge from employment any individual between the ages of 40 and 70 years, solely upon the ground of age, when the reasonable demands of the position do not require such an age distinction, provided that such individual is qualified physically, mentally, and by training and experience to perform satisfactorily the labor assigned to him or for which he applies. | Georgia Code Title 34. Labor and Industrial Relations § 34-2-11: Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, and of the daily and weekly hours worked by each such person and of the wages paid during each pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record. Georgia Code Title 34. Labor and Industrial Relations § 34-4-5: Every employer subject to this chapter or any regulation pursuant thereto shall maintain records showing the hours worked by each employee and the wages paid to him and shall furnish to the Commissioner upon demand a sworn statement of the hours worked and wages paid to each person in his or its employment covered by this chapter. The records covering such hours and payments shall be open to inspection by the Commissioner, his deputy, or any authorized agent of the department at any reasonable time. Each employer subject to this chapter shall post copies of any regulation or order issued pursuant to its provisions in a conspicuous place in an area frequented by his employees. | Georgia Code Title 34. Labor and Industrial Relations § 34-5-7: Every employer subject to this chapter shall keep an abstract or copy of this chapter posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies or abstracts of this chapter by the state upon request and without charge. | ||||||||||||||||||||||
17 | Hawaii | Hawaii Revised Statutes Division 1. Government § 378-2.4: (a) No employer, employment agency, or employee or agent thereof shall: (1) Inquire about the salary history of an applicant for employment; or (2) Rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract. (b) Notwithstanding subsection (a), an employer, employment agency, or employee or agent thereof, without inquiring about salary history, may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation; provided that if an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, the employer, employment agency, or employee or agent thereof, may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history. (c) This section shall not apply to: (1) Applicants for internal transfer or promotion with their current employer; (2) Any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant's disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant's salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and (3) Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining. | Hawaii Revised Statutes Division 1. Government § 378-2: (a) It shall be an unlawful discriminatory practice: (1) Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status: (A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment; (B) For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual; (C) For any employer or employment agency to print, circulate, or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, that expresses, directly or indirectly, any limitation, specification, or discrimination; (D) For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees Hawaii Revised Statutes Division 1. Government § 378-2.3: (a) No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from: (1) A seniority system; (2) A merit system; (3) A system that measures earnings by quantity or quality of production; (4) A bona fide occupational qualification; or (5) A differential based on any other permissible factor other than sex[,] do not violate this section. (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. | ||||||||||||||||||||||||
18 | Idaho | Idaho Statutes Title 44. Labor § 44-1702. Discriminatory payment of wages based upon sex prohibited: (1) No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, are not within this prohibition. (2) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of this act. (3) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this act. | |||||||||||||||||||||||||
19 | Illinois | Illinois Statutes Chapter 820. Employment § 112/10. Prohibited acts: (b) It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Act. 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, or aiding or encouraging any person to exercise his or her rights under this Act. It is unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee's wages, salary, benefits, or other compensation. An employer may, however, prohibit a human resources employee, a supervisor, or any other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested. (b-5) It is unlawful for an employer or employment agency, or employee or agent thereof, to (1) screen job applicants based on their current or prior wages or salary histories, including benefits or other compensation, by requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria, (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation, or (3) request or require that an applicant disclose wage or salary history as a condition of employment. (b-10) It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer. This subsection (b-10) does not apply if: (1) the job applicant's wage or salary history is a matter of public record under the Freedom of Information Act, or any other equivalent State or federal law, or is contained in a document completed by the job applicant's current or former employer and then made available to the public by the employer, or submitted or posted by the employer to comply with State or federal law; or (2) the job applicant is a current employee and is applying for a position with the same current employer. (b-15) Nothing in subsections (b-5) and (b-10) shall be construed to prevent an employer or employment agency, or an employee or agent thereof, from: (1) providing information about the wages, benefits, compensation, or salary offered in relation to a position; or (2) engaging in discussions with an applicant for employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation, including unvested equity or deferred compensation that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer. If, during such discussion, the applicant voluntarily and without prompting discloses that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer unvested equity or deferred compensation, an employer may request the applicant to verify the aggregate amount of such compensation by submitting a letter or document stating the aggregate amount of the unvested equity or deferred compensation from, at the applicant's choice, one of the following: (1) the applicant's current employer or (2) the business entity that administers the funds that constitute the unvested equity or deferred compensation. (b-20) An employer is not in violation of subsections (b-5) and (b-10) when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation. (c) It is unlawful for any person to discharge or in any other manner discriminate against any individual because the individual: (1) has filed any charge or has instituted or caused to be instituted any proceeding under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act; or (4) fails to comply with any wage or salary history inquiry. | Illinois Statutes Chapter 820. Employment § 110/1. Wage discrimination; penalty: § 1. Any employer of 6 or more persons in this State engaged in the manufacture of any article, who shall pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture, shall be guilty of a petty offense and shall be fined not less than $25 nor more than $100; provided, however, that nothing herein contained shall prohibit a variation in rates of pay based upon either difference in seniority, experience, training, skill or ability, or difference in duties or services performed (whether regularly or occasionally), or difference in availability for other operations, or any other reasonable classification, excepting difference in sex. Provided, further, that nothing herein contained shall prohibit such variation where the same is authorized by a contract between an employer and a recognized bargaining agent. Illinois Statutes Chapter 820. Employment § 112/10. Prohibited acts: § 10. Prohibited acts. (a) 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 substantially similar skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made under: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than: (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, 1 provided that the factor: (A) is not based on or derived from a differential in compensation based on sex or another protected characteristic; (B) is job-related with respect to the position and consistent with a business necessity; and (C) accounts for the differential. No employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made under: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than: (i) race or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, provided that the factor: (A) is not based on or derived from a differential in compensation based on race or another protected characteristic; (B) is job-related with respect to the position and consistent with a business necessity; and (C) accounts for the differential. An employer who is paying wages in violation of this Act may not, to comply with this Act, reduce the wages of any other employee. Nothing in this Act may be construed to require an employer to pay, to any employee at a workplace in a particular county, wages that are equal to the wages paid by that employer at a workplace in another county to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. (c) It is unlawful for any person to discharge or in any other manner discriminate against any individual because the individual: (1) has filed any charge or has instituted or caused to be instituted any proceeding under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act; or (4) fails to comply with any wage or salary history inquiry. | Illinois Statutes Chapter 820. Employment § 112/11. Equal pay registration certificate requirements; application: § 11. For the purposes of this Section 11 only, “business” means any private employer who has 100 or more employees in the State of Illinois and is required to file an Annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission, but does not include the State of Illinois or any political subdivision, municipal corporation, or other governmental unit or agency. (a) A business must obtain an equal pay registration certificate from the Department. (b) Any business subject to the requirements of this Section that is authorized to transact business in this State on March 23, 2021 shall submit an application to obtain an equal pay registration certificate, between March 24, 2022 and March 23, 2024, and must recertify every 2 years thereafter. Any business subject to the requirements of this Section that is authorized to transact business in this State after March 23, 2021 must submit an application to obtain an equal pay registration certificate within 3 years of commencing business operations, but not before January 1, 2024, and must recertify every 2 years thereafter. The Department shall collect contact information from each business subject to this Section. The Department shall assign each business a date by which it must submit an application to obtain an equal pay registration certificate. The business shall recertify every 2 years at a date to be determined by the Department. When a business receives a notice from the Department to recertify for its equal pay registration certificate, if the business has fewer than 100 employees, the business must certify in writing to the Department that it is exempt from this Section. Any new business that is subject to this Section and authorized to conduct business in this State, after the effective date of this amendatory Act of the 102nd General Assembly, shall submit its contact information to the Department by January 1 of the following year and shall be assigned a date by which it must submit an application to obtain an equal pay registration certificate. The Department's failure to assign a business a registration date does not exempt the business from compliance with this Section. The failure of the Department to notify a business of its recertification deadline may be a mitigating factor when making a determination of a violation of this Section. (c) Application. (1) A business shall apply for an equal pay registration certificate by paying a $150 filing fee and submitting wage records and an equal pay compliance statement to the Director as follows: (A) Wage Records. Any business that is required to file an annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission must also submit to the Director a copy of the business's most recently filed Employer Information Report EEO-1. The business shall also compile a list of all employees during the past calendar year, separated by gender and the race and ethnicity categories as reported in the business's most recently filed Employer Information Report EEO-1, and the county in which the employee works, the date the employee started working for the business, any other information the Department deems necessary to determine if pay equity exists among employees, and report the total wages as defined by Section 2 of the Illinois Wage Payment and Collection Act paid to each employee during the past calendar year, rounded to the nearest $100, to the Director. (B) Equal Pay Compliance Statement. The business must submit a statement signed by a corporate officer, legal counsel, or authorized agent of the business certifying: (i) that the business is in compliance with this Act and other relevant laws, including but not limited to: Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Illinois Human Rights Act, and the Equal Wage Act; (ii) that the average compensation for its female and minority employees is not consistently below the average compensation, as determined by rule by the United States Department of Labor, for its male and non-minority employees within each of the major job categories in the Employer Information Report EEO-1 for which an employee is expected to perform work, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, education or training, job location, use of a collective bargaining agreement, or other mitigating factors; as used in this subparagraph, “minority” has the meaning ascribed to that term in paragraph (1) of subsection (A) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; (iii) that the business does not restrict employees of one sex to certain job classifications, and makes retention and promotion decisions without regard to sex; (iv) that wage and benefit disparities are corrected when identified to ensure compliance with the Acts cited in item (i); (v) how often wages and benefits are evaluated; and (vi) the approach the business takes in determining what level of wages and benefits to pay its employees; acceptable approaches include, but are not limited to, a wage and salary survey. (C) Filing fee. The business shall pay to the Department a filing fee of $150. Proceeds from the fees collected under this Section shall be deposited into the Equal Pay Registration Fund, a special fund created in the State treasury. Moneys in the Fund shall be appropriated to the Department for the purposes of this Section. (2) Receipt of the equal pay compliance application and statement by the Director does not establish compliance with the Acts set forth in item (i) of subparagraph (B) of paragraph (1) of this subsection (c). (3) A business that has employees in multiple locations or facilities in Illinois shall submit a single application to the Department regarding all of its operations in Illinois. (d) Issuance or rejection of registration certificate. After January 1, 2022, the Director must issue an equal pay registration certificate, or a statement of why the application was rejected, within 45 calendar days of receipt of the application. Applicants shall have the opportunity to cure any deficiencies in its application that led to the rejection, and re-submit the revised application to the Department within 30 calendar days of receiving a rejection. Applicants shall have the ability to appeal rejected applications. An application may be rejected only if it does not comply with the requirements of subsection (c), or the business is otherwise found to be in violation of this Act. The receipt of an application by the Department, or the issuance of a registration certificate by the Department, shall not establish compliance with the Equal Pay Act of 2003 as to all Sections except Section 11. The issuance of a registration certificate shall not be a defense against any Equal Pay Act violation found by the Department, nor a basis for mitigation of damages. (e) Revocation of registration certificate. An equal pay registration certificate for a business may be suspended or revoked by the Director when the business fails to make a good faith effort to comply with the Acts identified in item (i) of subparagraph (B) of paragraph (1) of subsection (c), fails to make a good faith effort to comply with this Section, or has multiple violations of this Section or the Acts identified in item (i) of subparagraph (B) of paragraph (1) of subsection (c). Prior to suspending or revoking a registration certificate, the Director must first have sought to conciliate with the business regarding wages and benefits due to employees. Consistent with Section 25, prior to or in connection with the suspension or revocation of an equal pay registration certificate, the Director, or his or her authorized representative, may interview workers, administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses, and the production of personnel and compensation information relative to the matter under investigation, hearing or a department-initiated audit. Neither the Department nor the Director shall be held liable for good faith errors in issuing, denying, suspending or revoking certificates. (f) Administrative review. A business may obtain an administrative hearing in accordance with the Illinois Administrative Procedure Act before the suspension or revocation of its certificate or imposition of civil penalties as provided by subsection (i) is effective by filing a written request for hearing within 20 calendar days after service of notice by the Director. (g) Technical assistance. The Director must provide technical assistance to any business that requests assistance regarding this Section. (h) Access to data. (1) Any individually identifiable information submitted to the Director within or related to an equal pay registration application or otherwise provided by an employer in its equal pay compliance statement under subsection (c) shall be considered confidential information and not subject to disclosure pursuant to the Illinois Freedom of Information Act. As used in this Section, “individually identifiable information” means data submitted pursuant to this Section that is associated with a specific person or business. Aggregate data or reports that are reasonably calculated to prevent the association of any data with any individual business or person are not confidential information. Aggregate data shall include the job category and the average hourly wage by county for each gender, race, and ethnicity category on the registration certificate applications. The Department of Labor may compile aggregate data from registration certificate applications. (2) The Director's decision to issue, not issue, revoke, or suspend an equal pay registration certificate is public information. (3) Notwithstanding this subsection (h), a current employee of a covered business may request anonymized data regarding their job classification or title and the pay for that classification. No individually identifiable information may be provided to an employee making a request under this paragraph. (4) Notwithstanding this subsection (h), the Department may share data and identifiable information with the Department of Human Rights, pursuant to its enforcement of Article 2 of the Illinois Human Rights Act, or the Office of the Attorney General, pursuant to its enforcement of Section 10-104 of the Illinois Human Rights Act. (5) Any Department employee who willfully and knowingly divulges, except in accordance with a proper judicial order or otherwise provided by law, confidential information received by the Department from any business pursuant to this Act shall be deemed to have violated the State Officials and Employees Ethics Act and be subject to the penalties established under subsections (e) and (f) of Section 50-5 of that Act after investigation and opportunity for hearing before the Executive Ethics Commission in accordance with Section 20-50 of that Act. (i) Penalty. Falsification or misrepresentation of information on an application submitted to the Department shall constitute a violation of this Act and the Department may seek to suspend or revoke an equal pay registration certificate or impose civil penalties as provided under subsection (c) of Section 30. | |||||||||||||||||||||||
20 | Indiana | Indiana Code Title 22. Labor and Safety § 22-2-2-4: (a) 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: (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex. (b) An employer who is paying a wage rate differential in violation of subsection (a) shall not, in order to comply with subsection (a), reduce the wage rate of any employee, and no labor organization, or its agents, representing employees of an employer having employees subject to subsection (a) shall cause or attempt to cause such an employer to discriminate against an employee in violation of subsection (a). | Indiana Code Title 22. Labor and Safety § 22-2-2-8: (c) Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall post in a conspicuous place in the area where employees are employed a single page poster providing employees notice of the following information: (1) The current Indiana minimum wage. (2) An employee's basic rights under Indiana's minimum wage law. (3) Contact information to inform an employee how to obtain additional information from or to direct questions or complaints to the Indiana department of labor. | ||||||||||||||||||||||||
21 | Iowa | Iowa Code Title II. Elections and Official Duties § 70A.18. Compensation based on comparable worth: It is the policy of this state that 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. “Comparable worth” means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Iowa Code Title VI. Human Services § 216.6. Unfair employment practices: 1.It shall be an unfair or discriminatory practice for any: a.Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such applicant or employee, unless based upon the nature of the occupation. If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this subsection. Iowa Code Title VI. Human Services [Chs. 216-255A] § 216.6A. Additional unfair or discriminatory practice--wage discrimination in employment: 2.a. It shall be an unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. An employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee. b. For purposes of this subsection, an unfair or discriminatory practice occurs when a discriminatory pay decision or other practice is adopted, when an individual becomes subject to a discriminatory pay decision or other practice, or when an individual is affected by application of a discriminatory pay decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice. 3. It shall be an affirmative defense to a claim arising under this section if any of the following applies: a. Payment of wages is made pursuant to a seniority system. b. Payment of wages is made pursuant to a merit system. c. Payment of wages is made pursuant to a system which measures earnings by quantity or quality of production. d. Pay differential is based on any other factor other than the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee. 4. This section shall not apply to any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees. | |||||||||||||||||||||||||
22 | Kansas | Kansas Statutes Chapter 44. Labor and Industries § 44-1205: On and after January 1, 1978, no employer having employees of both sexes shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate of wages paid to employees of the opposite sex in such establishment for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to: (a) A seniority system; (b) a merit system; (c) a system which measures earnings by quantity or quality of production; or (d) a differential based on a factor other than sex. An employer who is paying wage rate differential in violation of this section shall not be required, in order to comply with the provisions of this section, to reduce the wage rate of any employee. | Kansas Statutes Chapter 44. Labor and Industries § 44-1209: On and after January 1, 1978, every employer subject to any provision of K.S.A. 44-1201 to 44-1213, inclusive, or of any rule and regulation adopted pursuant thereto, shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each such employee, the hours worked each day and each work week by each such employee and such other information as the secretary may prescribe by rules and regulations as being necessary or appropriate for the enforcement of the provisions of K.S.A. 44-1201 to 44-1213, inclusive, or of the rules and regulations adopted pursuant thereto. In lieu of the records required under this section, any employer who is covered under the provisions of the fair labor standards act of 1938, as amended (29 U.S.C.A. § 201 et seq.) and as further amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto, may keep and maintain the records required under said fair labor standards act of 1938, as amended. Such records shall be open for inspection or transcription by the secretary or the authorized representative of the secretary at any reasonable time. | ||||||||||||||||||||||||
23 | Kentucky | § 35.012 PROHIBITING LOUISVILLE METRO FROM REQUESTING SALARY HISTORY FROM JOB APPLICANTS: (B) General provisions. (1) Except as otherwise provided by state and federal law, Louisville Metro shall not: (a) Inquire about an applicant's salary history; (b) Consider or rely on salary history of an applicant in determining the salary, benefits or other compensation for such applicant during the hiring process; or (c) Refuse to hire, or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to Louisville Metro. (2) Notwithstanding division (B)(1)(b) of this section, if an applicant voluntarily and without prompting discloses salary history to Louisville Metro, Louisville Metro may verify the applicant's salary history after such applicant is offered employment, including a compensation amount, with Louisville Metro. (C) Exceptions. This section does not apply to: (1) Applicants for internal transfer or promotion within Louisville Metro; (2) Any attempt by Louisville Metro to verify an applicant's disclosure of non-salary related information or conduct a background check, provided that if such verification results in the disclosure of salary history, Louisville Metro shall not rely on such disclosure for determining salary, benefits, and other compensation; or (3) Positions within Louisville Metro for which salary, benefits, and other compensation are determined pursuant to procedures established by collective bargaining. | Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 337.423: (1) 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. Nothing in KRS 337.420 to 337.433 and 337.990(11) shall apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, 1 as amended, when that act imposes comparable or greater requirements than contained in KRS 337.420 to 337.433 and 337.990(11) and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the federal Fair Labor Standards Act of 1938, as amended. (2) An employer who is paying a wage differential in violation of KRS 337.420 to 337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee. (3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of KRS 337.420 to 337.433 and 337.990(11). (4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of KRS 337.420 to 337.433 and 337.990(11). Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 344.040: 1) It is an unlawful practice for an employer: (a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking; Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 344.100: Notwithstanding any other provision of this chapter, it is not an unlawful practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that the test, its administration or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability. | Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 337.320: (1) Every employer shall keep a record of: (a) The amount paid each pay period to each employee; (b) The hours worked each day and each week by each employee; and (c) Such other information as the commissioner requires. (2) Such records shall be kept on file for at least one (1) year after entry. They shall be open to the inspection and transcript of the commissioner or the commissioner's authorized representative at any reasonable time, and every employer shall furnish to the commissioner or the commissioner's authorized representative on demand a sworn statement of them. The commissioner may require the statement to be upon forms prescribed or approved by him or her. | Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 337.433: Every person subject to KRS 337.420 to 337.433 and 337.990(11) shall keep an abstract or copy of KRS 337.420 to 337.433 and 337.990(11) posted in a conspicuous place in or about the premises where any employee is employed. Employers shall be furnished copies or abstracts of KRS 337.420 to 337.433 and 337.990(11) by the state on request without charge. | Kentucky Revised Statutes Title XXVII. Labor and Human Rights § 344.080: It is an unlawful practice for an employer, labor organization, licensing agency, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by the employment or licensing agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, except that such a notice or advertisement may indicate a preference, limitation, or specification based on religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, when religion, national origin, sex, or age forty (40) and over, or because the person is a qualified individual with a disability, is a bona fide occupational qualification for employment. | |||||||||||||||||||||
24 | Louisiana | Louisiana Revised Statutes Tit. 23, § 664. Prohibited acts: D. It shall be unlawful for an employer to interfere with, restrain, or deny the exercise of, or attempt to exercise, any right provided under this Chapter. It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action, including but not limited to termination 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. New Orleans EXECUTIVE ORDER MJL 17-01: Purpose: In order to foster an environment of equal pay for equal work, this Executive Order prohibits inquiries about a candidate’s salary history during the application and interview process and requests that the Civil Service Commission conduct a study of pay disparity among city employees. | Louisiana Revised Statutes Tit. 23, § 332. Intentional discrimination in employment: A. It shall be unlawful discrimination in employment for an employer to engage in any of the following practices: (1) Intentionally fail or refuse to hire or to discharge any individual, or otherwise to intentionally discriminate against any individual with respect to compensation, or terms, conditions, or privileges of employment, because of the individual's race, color, religion, sex, or national origin. (2) Intentionally limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, or national origin. (3) 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. An employer paying wages in violation of this Section may not reduce the wages of any other employee in order to comply with this Section. H. Notwithstanding any other provision of this Section, it shall not be unlawful discrimination in employment for: (3) An employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or any other differential based on any factor other than sex, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin. Louisiana Revised Statutes Tit. 23, § 662. Declaration of public policy: The public policy of this state is that a woman who performs public service for the state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade and quality of service, and a distinction in compensation may not be made because of sex. Louisiana Revised Statutes Tit. 23, § 664. Prohibited acts: A. 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. B. Nothing in Subsection A of this Section shall prohibit the payment of different wage rates to employees when such payment is made pursuant to any of the following: (1) A seniority system. (2) A merit system. (3) A system that measures earnings by quantity or quality of production. (4) A differential based on a bona fide factor other than sex, including but not limited to education, training, or experience, provided that both: (a) The employer demonstrates that such factor is related to the job position in question. (b) No alternative employment practice would serve the same legitimate business purpose without producing such a differential. C. An employer who is paying wages in violation of this Chapter may not, in order to comply with this Chapter, reduce the wages of any other employee. E. It shall be unlawful for an employer subject to this Chapter to discriminate, retaliate, or take any adverse employment action, including but not limited to termination against an employee because, in exercising or attempting to exercise the employee's rights under this Chapter, such employee: (1) Has filed any complaint or has instituted or caused to be instituted any proceeding to enforce the employee's rights under this Chapter. (2) Has provided or will provide any information in connection with any inquiry or proceeding relating to any right afforded to an employee pursuant to this Chapter. (3) Has testified or will testify in any inquiry or proceeding relating to any right afforded to an employee pursuant to this Chapter. Louisiana Revised Statutes Tit. 23, § 312. Prohibition of age discrimination: A. It is unlawful for an employer to engage in any of the following practices: (1) Fail or refuse to hire, or to discharge, any individual or otherwise discriminate against any individual with respect to his compensation, or his terms, conditions, or privileges of employment because of the individual's age. (2) Limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of the individual's age. (3) Reduce the wage rate of any employee in order to comply with this Part. | Louisiana Revised Statutes Tit. 23, § 668. Records to be kept by employers: An employer subject to this Chapter shall create and preserve records reflecting the name, address, and position of each employee, and all wages paid to each employee. These records shall be preserved for a period of not less than three years from the employee's last date of employment with the employer. | Louisiana Revised Statutes Tit. 23, § 314:Notices to be posted: Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth information the commission deems appropriate to effectuate the purposes of this Part. Louisiana Revised Statutes Tit. 23, § 354. Notices to be posted: Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth information as the commission deems appropriate to effectuate the purposes of this Part. | ||||||||||||||||||||||
25 | Maine | Maine Revised Statutes Title 26. Labor and Industry § 628. Equal pay: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages. Maine Revised Statutes Title 26. Labor and Industry § 628-A. Compensation history inquiry prohibited: 1. Legislative findings and intent. The Legislature finds that despite requirements regarding equal pay having been a part of the laws of Maine since 1965, wage inequality is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens and to the economy of the State. The Legislature finds that when employers base compensation decisions on compensation history of a prospective employee, it directly perpetuates this wage inequality. An employer's knowledge of a prospective employee's compensation history is directly related to the practice of basing compensation decisions on compensation history. It is the intent of the Legislature to promote the payment of equal compensation for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility and to prevent unlawful employment discrimination with respect to compensation. 2. Prohibition. An employer may not use or inquire about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee, after which the employer may inquire about or confirm the prospective employee's compensation history. 3. Exception. This section does not apply to an employer who inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes. | Maine Revised Statutes Title 26. Labor and Industry § 628. Equal pay: 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. An employer may not discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this section. An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Nothing in this section creates an obligation to disclose wages. | Maine Revised Statutes Title 26. Labor and Industry § 622. Records: Every employer shall keep a true record showing the date and amount paid to each employee pursuant to section 621-A. Every employer shall keep a daily record of the time worked by each such employee unless the employee is paid a salary that is fixed without regard for the number of hours worked. Records required to be kept by this section must be accessible to any representative of the department at any reasonable hour. Sections 621-A to 623 do not excuse any employer subject to section 774 from keeping the records required by that section. Maine Revised Statutes Title 26. Labor and Industry § 628. Equal pay: The Department of Labor shall annually report to the joint standing committee of the Legislature having jurisdiction over labor matters on progress made in the State to comply with this section. The report must be issued annually on Equal Pay Day as designated pursuant to Title 1, section 145. | |||||||||||||||||||||||
26 | Maryland | Maryland Code, Labor and Employment § 3-304.1: a) An employer may not: (1) prohibit an employee from: (i) inquiring about, discussing, or disclosing the wages of the employee or another employee; or (ii) requesting that the employer provide a reason for why the employee's wages are a condition of employment; (2) require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or (3) take any adverse employment action against an employee for: (i) inquiring about the employee's wages or another employee's wages; (ii) disclosing the employee's own wages; (iii) discussing another employee's wages if those wages have been disclosed voluntarily; (iv) asking the employer to provide a reason for the employee's wages; or (v) aiding or encouraging another employee's exercise of rights under this section. (e) Nothing in this section shall be construed to: (1) require an employee to disclose the employee's wages; (2) diminish employees' rights to negotiate the terms and conditions of employment under federal, State, or local law; (3) limit the rights of an employee provided under any other provision of law or collective bargaining agreement; (4) create an obligation on any employer or employee to disclose wages; (5) permit an employee, without the written consent of an employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; or (6) permit an employee to disclose wage information to a competitor of the employer. Maryland Code, Labor and Employment § 3-304.2: (b)(1) An employer may not: (i) retaliate against or refuse to interview, hire, or employ an applicant for employment because the applicant: 1. did not provide wage history; or 2. requested the wage range in accordance with this section for the position for which the applicant applied; and (ii) except as provided in paragraph (2) of this subsection: 1. rely on the wage history of an applicant for employment in screening or considering the applicant for employment or in determining the wages for the applicant; or 2. seek the wage history for an applicant for employment orally, in writing, or through an employee or an agent or from a current or former employer. (2) After an employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may: (i) subject to paragraph (3) of this subsection, rely on the wage history voluntarily provided by the applicant for employment to support a wage offer higher than the initial wage offered by the employer; or (ii) seek to confirm the wage history voluntarily provided by the applicant for employment to support a wage offer higher than the initial wage offered by the employer. (3) An employer may rely on wage history under paragraph (2) of this subsection only if the higher wage does not create an unlawful pay differential based on protected characteristics under § 3-304 of this subtitle. (c) This section may not be construed to prohibit an applicant for employment from sharing wage history with an employer voluntarily. | Maryland Code, Labor and Employment § 3-304: (b)(1) An employer may not discriminate between employees in any occupation by: (i) paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type; or (ii) providing less favorable employment opportunities based on sex or gender identity. (2) For purposes of paragraph (1)(i) of this subsection, an employee shall be deemed to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county of the State. (c) Except as provided in subsection (d) of this section, subsection (b) of this section does not prohibit a variation in a wage that is based on: (1) a seniority system that does not discriminate on the basis of sex or gender identity; (2) a merit increase system that does not discriminate on the basis of sex or gender identity; (3) jobs that require different abilities or skills; (4) jobs that require the regular performance of different duties or services; (5) work that is performed on different shifts or at different times of day; (6) a system that measures performance based on a quality or quantity of production; or (7) a bona fide factor other than sex or gender identity, including education, training, or experience, in which the factor: (i) is not based on or derived from a gender-based differential in compensation; (ii) is job related with respect to the position and consistent with a business necessity; and (iii) accounts for the entire differential. (d) This section does not preclude an employee from demonstrating that an employer's reliance on an exception listed in subsection (c) of this section is a pretext for discrimination on the basis of sex or gender identity. (e) An employer who is paying a wage in violation of this subtitle may not reduce another wage to comply with this subtitle. | Maryland Code, Labor and Employment § 3-305: (a)(1) Each employer shall keep each record that the Commissioner requires on: (i) wages of employees; (ii) job classifications of employees; and (iii) other conditions of employment. (2) An employer shall keep the records required under this subsection for the period of time that the Commissioner requires. (b) On the basis of the records required under this section, an employer shall make each report that the Commissioner requires. | Maryland Code, Labor and Employment § 3-304.2: (a) On request, an employer shall provide to an applicant for employment the wage range for the position for which the applicant applied. Maryland Code, Labor and Employment § 3-306: (b) Each employer shall keep posted conspicuously in each place of employment a copy of this subtitle. | ||||||||||||||||||||||
27 | Massachusettes | Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 149, § 105A: (c) It shall be an unlawful practice for an employer to: (1) require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages. Nothing in this subsection shall obligate an employer to disclose an employee's wages to another employee or a third party; (2) seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's prior wage or salary history meet certain criteria; provided, however, that: (i) if a prospective employee has voluntarily disclosed such information, a prospective employer may confirm prior wages or salary or permit a prospective employee to confirm prior wages or salary; and (ii) a prospective employer may seek or confirm a prospective employee's wage or salary history after an offer of employment with compensation has been negotiated and made to the prospective employee; (3) discharge or in any other manner retaliate against any employee because the employee: (i) opposed any act or practice made unlawful by this section; (ii) made or indicated an intent to make a complaint or has otherwise caused to be instituted any proceeding under this section; (iii) testified or is about to testify, assist or participate in any manner in an investigation or proceeding under this section; or (iv) disclosed the employee's wages or has inquired about or discussed the wages of any other employee. | Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 149, § 105A: (b) No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for comparable work; provided, however, that variations in wages shall not be prohibited if based upon: (i) a system that rewards seniority with the employer; provided, however, that time spent on leave due to a pregnancy-related condition and protected parental, family and medical leave, shall not reduce seniority; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production, sales, or revenue; (iv) the geographic location in which a job is performed; (v) education, training or experience to the extent such factors are reasonably related to the particular job in question; or (vi) travel, if the travel is a regular and necessary condition of the particular job. An employer who is paying a wage differential in violation of this section shall not reduce the wages of any employee solely in order to comply with this section. (d) An employer against whom an action is brought alleging a violation of subsection (b) and who, within the previous 3 years and prior to the commencement of the action, has both completed a self-evaluation of its pay practices in good faith and can demonstrate that reasonable progress has been made towards eliminating wage differentials based on gender for comparable work, if any, in accordance with that evaluation, shall have an affirmative defense to liability under subsection (b) and to any pay discrimination claim under section 4 of chapter 151B. For purposes of this subsection, an employer's self-evaluation may be of the employer's own design, so long as it is reasonable in detail and scope in light of the size of the employer, or may be consistent with standard templates or forms issued by the attorney general. | ||||||||||||||||||||||||
28 | Michigan | Michigan Compiled Laws, Chapter 408. Labor § 408.483a: (1) An employer shall not do any of the following: (a) Require as a condition of employment nondisclosure by an employee of his or her wages. (b) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages. (c) Discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. | Michigan Compiled Laws, Chapter 408. Labor § 408.423: (1) An employer having employees subject to this act shall not discriminate between employees within an establishment on the basis of sex by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions, except if the payment is made under 1 or more of the following: (a) A seniority system. (b) A merit system. (c) A system that measures earnings by quantity or quality of production. (d) A differential based on a factor other than sex. (2) An employer that is paying a wage differential in violation of this section shall not reduce the wage rate of an employee to comply with this section. Compiled Laws, Chapter 750. Michigan Penal Code § 750.556: Any employer of labor in this state, employing both males and females, who shall discriminate in any way in the payment of wages as between sexes who are similarly employed, shall be guilty of a misdemeanor. No female shall be assigned any task disproportionate to her strength, nor shall she be employed in any place detrimental to her morals, her health or her potential capacity for motherhood. Any difference in wage rates based upon a factor other than sex shall not violate this section. | Michigan Compiled Laws, Chapter 408. Labor § 408.479: (1) An employer shall maintain a record for each employee which indicates the employee's name, address, birth date, occupation or classification in which employed, total basic rate of pay, total hours worked in each pay period, total wages paid each pay period, a separate itemization of deductions and a listing or itemization of fringe benefits. In the case of an employer who has a group of 10 or more employees who have identical fringe benefits, 1 central itemization or listing may be kept for each group, providing the record identifies what group they belong to. (2) An employer shall furnish each employee at the time of payment of wages a statement of the hours worked by the employee, the gross wages paid, identification of the pay period for which payment is being made, a separate itemization of deductions, and for each hand harvester paid on a piece work basis furnish a statement of the total number of units harvested by the employee. (3) An employer shall maintain the records required under this section for not less than 3 years. Those records shall be open to inspection by the director of labor or an authorized representative of the director at any reasonable time. | |||||||||||||||||||||||
29 | Minnesota | Minnesota Statutes Labor, Industry (Ch. 175-189) § 181.67. Wage discrimination based on sex; protection of employees involved in proceeding: Subdivision 1. General prohibition. 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, 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. Provided, that an employer who is paying a wage rate differential in violation of sections 181.66 to 181.71 shall not, in order to comply with the provisions of sections 181.66 to 181.71, reduce the wage rate of any employee. Subd. 2. Employees involved in proceeding. No employer shall discriminate against any employee in regard to hire or tenure of employment or any term or condition of employment because the employee has filed a complaint in a proceeding under sections 181.66 to 181.71, or has testified, or is about to testify, in any investigation or proceedings pursuant to sections 181.66 to 181.71 or in a criminal action pursuant to sections 181.66 to 181.71. | |||||||||||||||||||||||||
30 | Mississippi | No law | |||||||||||||||||||||||||
31 | Missouri | Kansas City, ORDINANCE NO. 190380: Sec. 38-102. Salary History. (a) Except as otherwise provided in in this section, it shall be unlawful for an employer or agent to: (1) Inquire about the salary history of an applicant for employment; or (2) Screen job applicants based on their current or prior wages, benefits, or other compensation, or salary histories, including requiring that an applicant's prior wages, benefits, other compensation or salary history satisfy minimum or maximum criteria; or (3) Rely on the salary history of an applicant in deciding whether to offer employment to an applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process, including the negotiation of an employment contract; or (4) Refuse to hire or otherwise disfavor, injure or retaliate against an applicant for not disclosing his or her salary history to an employer. COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190380 (b) Notwithstanding paragraph (a) of this section, an employer or its agent may, without inquiring about salary history, engage in discussion with the applicant about the expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant's resignation from their current employer. (c) The prohibitions in paragraph (a) of this section shall not apply to: (1) Applicants for intemal transfer or promotion with their current employer; (2) A voluntary and unprompted disclosure. of salary history information by an Applicant; (3) Any attempt by an employer to verify an applicant's disclosure of nonsalary related information or conduct a background check, provided that if such verification or background check discloses the applicant's salary history, such disclosure shall not be relied upon for purposes of determining the salary, benefits, or other compensation of such applicant during the hiring process, including the negotiation of a contract; (4) Employee positions for which salary, benefits, or other compensation are determined pursuant to procedures established by collective bargaining; and (5) Applicants who are re·hired by the employer within five years of the Applicant's most recent date of tennination from employment by the Employer, provided that the employer already bas past salary history data regarding the Applicant from the previous employment of Applicant | Missouri Revised Statutes Title XVIII. Labor and Industrial Relations § 290.410: Notwithstanding any other provisions of the law, no employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work, provided that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, or factors other than sex, when exercised in good faith. | ||||||||||||||||||||||||
32 | Montana | Montana Title 39. Labor § 39-3-104: (1) It is unlawful for the state or any county, municipal entity, school district, public or private corporation, person, or firm to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment of any kind or description. | |||||||||||||||||||||||||
33 | Nebraska | Nebraska Revised Statutes Chapter 48. Labor § 48-1221: (1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal work on jobs which require equal skill, effort and responsibility under similar working conditions. Wage differentials are not within this prohibition where such payments are made pursuant to: (a) An established seniority system; (b) a merit increase system; or (c) a system which measures earning by quantity or quality of production or any factor other than sex. (2) An employer who is paying a wage differential in violation of the provisions of sections 48-1219 to 48-1227 shall not, in order to comply with it, reduce the wage rates of any employee. (3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of sections 48-1219 to 48-1227. (4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of the provisions of sections 48-1219 to 48-1227. | Nebraska Revised Statutes Chapter 48. Labor § 48-1225: Every employer subject to the provisions of sections 48-1219 to 48-1227 shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such periods of time, and shall make such reports therefrom as the commission shall prescribe. | Nebraska Revised Statutes Chapter 48. Labor § 48-1226: Every person subject to the provisions of sections 48-1219 to 48-1227 shall keep an abstract or copy of sections 48-1219 to 48-1227 posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies of abstracts of sections 48-1219 to 48-1227 by the state on request without charge. | |||||||||||||||||||||||
34 | Nevada | Nevada Revised Statutes Title 53. Labor and Industrial Relations § 613.330: 1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer (c) Except as otherwise provided in subsection 7, to discriminate against any employee because the employee has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another employee. Senate Bill 293: SB 293 applies to private employers, public employers, and employment agencies which are defined as “any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.” SB 293 does not apply to: (1) any employer with respect to employment outside the State of Nevada, (2) any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities, and (3) any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation. Employers CANNOT: Seek wage or salary history. Rely on wage or salary history to determine whether to offer employment or rate of pay for the employee. Refuse to hire, interview, promote, or employ an applicant – or discriminate or retaliate against an applicant – that does not provide wage or salary history. Employers MAY: Ask an applicant or employee about their wage or salary expectations. Employers cannot use wage or salary expectation information to determine whether to offer employment, set the wage or salary, to discriminate, to retaliate, or refuse to hire, interview or promote the person. | Nevada Revised Statutes Title 53. Labor and Industrial Relations § 608.015: It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce or attempt to induce an employee to refrain from testifying in any investigation or proceeding relating to or arising under this chapter, or to discharge or penalize any employee for so testifying. Nevada Revised Statutes Title 53. Labor and Industrial Relations § 608.017: 1. 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. 2. The provisions of subsection 1 do not apply where wages are paid pursuant to: (a) A seniority system; (b) A merit system; (c) A compensation system under which wages are determined by the quality or quantity of production; or (d) A wage differential based on factors other than sex. 3. An employer who violates the provisions of this section shall not reduce the wages of any employees in order to comply with such provisions. Nevada Revised Statutes Title 53. Labor and Industrial Relations § 613.330: 1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer: (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin | Senate Bill 293: SB 293 applies to private employers, public employers, and employment agencies which are defined as “any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.” SB 293 does not apply to: (1) any employer with respect to employment outside the State of Nevada, (2) any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities, and (3) any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation. Employers MUST: Provide to an applicant that completed an interview – the wage and salary range or rate for the position. Provide to an existing employee up for promotion or transfer – the wage and salary range or rate for the position IF the employee applied for the position, completed an interview or was offered the position, and requested the wage or salary range or rate for the position. | |||||||||||||||||||||||
35 | New Hampshire | New Hampshire Statutes § 275:37a: I. No employer shall discharge or in any other manner discriminate against any employee because he or she: (b) Inquired about, discussed, or disclosed his or her wages or those of another employee. II. This section shall not apply to any employee who has access to the wage information of other employees as a part of such employee's essential job functions who discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under RSA 275:41-a including an investigation conducted by the employer. Nothing in this section shall be construed to limit the rights of an employee provided under any other provision of law. New Hampshire Statutes § 275:41: I. No employer shall require the following as a condition of employment: (a) That an employee refrain from disclosing the amount of his or her wages. (b) That an employee sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages, salary, or paid benefits. II. No employer shall discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her wages, salary, or paid benefits. | Discrimination in the Workplace: Equal Pay, New Hampshire Statutes § 275:37: I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to: (a) A seniority system; (b) A merit or performance-based system; (c) A system which measures earnings by quantity or quality of production; (d) Expertise; (e) Shift differentials; (f) A demonstrable factor other than sex, such as education, training, or experience. II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section. New Hampshire Statutes § 275:37a: I. No employer shall discharge or in any other manner discriminate against any employee because he or she: (a) Makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action. | New Hampshire Statutes § 275:49: VI. Make such records of the persons employed by him or her, including wage and hour records, preserve such records for 3 years, and make such reports therefrom to the commissioner, as are required in statute for the enforcement of the provisions of this subdivision; and VII. Post and make available to his or her employees the following: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor." This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37. | New Hampshire Statutes § 275:49: Every employer shall: I. Notify the employees, at the time of hiring of the rate of pay, and of the day and place of payment; II. Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes, provided however that there shall be no penalty for failure to provide notification to an employee concerning changes to the minimum hourly rate pursuant to RSA 279:21; III. Make available to his or her employees in writing or through a posted notice maintained in a place accessible to his or her employees employment practices and policies with regard to vacation pay, sick leave, and other fringe benefits; IV. Furnish each employee with a statement of deductions made from his or her wages under RSA 275:48 for each pay period such deductions are made; V. Keep posted in a place accessible to his or her employees an abstract of this subdivision furnished by the commissioner which shall include information about the criteria for classifying an employee as an employee or as an independent contractor; | ||||||||||||||||||||||
36 | New Jersey | New Jersey Statutes Title 10. Civil Rights 10 § 5-12: r. For any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to, any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding the job title, occupational category, and rate of compensation, including benefits, of the employee or any other employee or former employee of the employer, or the gender, race, ethnicity, military status, or national origin of the employee or any other employee or former employee of the employer, regardless of whether the request was responded to, or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or to otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. Nothing in this subsection shall be construed to require an employee to disclose such information about the employee herself to any other employee or former employee of the employer or to any authorized representative of the other employee or former employee. New Jersey Statutes Title 34. Labor and Workmen's Compensation 34 § 6B-20: a. Except as otherwise provided in this section, it shall be an unlawful employment practice for any employer: (1) to screen a job applicant based on the applicant's salary history, including, but not limited to, the applicant's prior wages, salaries or benefits; or (2) to require that the applicant's salary history satisfy any minimum or maximum criteria. b. Notwithstanding the provisions of subsection a. of this section, an employer may: (1) consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history, if an applicant voluntarily, without employer prompting or coercion, provides the employer with salary history. An applicant's refusal to volunteer compensation information shall not be considered in any employment decisions; and (2) request that an applicant provide the employer with a written authorization to confirm salary history, including, but not limited to, the applicant's compensation and benefits, after an offer of employment that includes an explanation of the overall compensation package has been made to the applicant. c. This section shall not apply to: (1) applications for internal transfer or promotion with an employee's current employer, or use by the employer of previous knowledge obtained as a consequence of prior employment with the employer; (2) any actions taken by an employer pursuant to any federal law or regulation that expressly requires the disclosure or verification of salary history for employment purposes, or requires knowledge of salary history to determine an employee's compensation; (3) any attempt by an employer to obtain, or verify a job applicant's disclosure of, non-salary related information when conducting a background check on the job applicant, provided that, when requesting information for the background check, the employer shall specify that salary history information is not to be disclosed. If, notwithstanding that specification, salary history information is disclosed, the employer shall not retain that information or consider it when determining the salary, benefits, or other compensation of the applicant; or (4) employer inquiries regarding an applicant's previous experience with incentive and commission plans and the terms and conditions of the plans, provided that the employer shall not seek or require the applicant to report information about the amount of earnings of the applicant in connection with the plans, and that the employer shall not make any inquiry regarding the applicant's previous experience with incentive and commission plans unless the employment opening with the employer includes an incentive or commission component as part of the total compensation program. d. An applicant may provide salary history information, including information regarding the applicant's experience with incentive or commission plans, to an employment agency contacted by the applicant for assistance in searching for and identifying employment opportunities, but the employment agency shall not share the information with potential employers without the express written consent of the applicant. f. Nothing in this section shall be construed as prohibiting an employer from offering an applicant for a job information regarding wage or salary rates set for the job by collective bargaining agreements or by civil service or other laws, or from paying those rates if the applicant is hired. g. Nothing in this section shall be construed to prohibit an employer who does business, employs persons, or takes applications for employment in at least one state other than New Jersey, from including an inquiry regarding salary history on an employment application, so long as immediately preceding the salary history inquiry on the employment application it states that an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer the salary history inquiry. h. Nothing in this section shall be construed to prohibit an employer from acquiring salary history information that is publicly available, but an employer shall not retain or consider that information when determining the salary, benefits, or other compensation of the applicant unless the applicant voluntarily, without employer prompting or coercion, provides the employer with salary history. An applicant's refusal to volunteer compensation information shall not be considered in any employment decisions. | New Jersey Statutes Title 34. Labor and Workmen's Compensation 34 § 11-56.2: 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. A differential in pay between employees based on a reasonable factor or factors other than sex shall not constitute discrimination within the meaning of this section. New Jersey Statutes Title 10. Civil Rights 10 § 5-12: It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination: a. For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment | Jersey City: §148-4.1 Pay Transparency: A. An employer, with their principal place of business within the City of Jersey City and which uses any print or digital media circulating within the City to provide notice of employment opportunities, shall be required to post a minimum and maximum salary and/or hourly wage, and benefits to said posting or advertisement in the City. In stating the minimum and maximum salary and/or hourly wage for a position, the range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity. B. This subdivision does not apply to an employer who employs four (4) or less employees. | |||||||||||||||||||||||
37 | New Mexico | New Mexico Statutes Chapter 28. Human Rights § 28-23-3: A. 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, except where the payment is made pursuant to a: (1) seniority system; (2) merit system; or (3) system that measures earnings by quantity or quality of production. B. An employer shall not reduce the wage of an employee to comply with this section. C. No agreement between an employer and an employee for a specific wage in violation of the Fair Pay for Women Act shall prevent the employee from raising a claim based on a violation of the Fair Pay for Women Act. New Mexico Statutes Chapter 28. Human Rights § 28-23-5: It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay for Women Act or assisting another person to do so, or for informing another person about employment rights or other rights provided by law. | New Mexico Statutes Chapter 50. Employment Law § 50-4-9: A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least one year after the entry of the record. | ||||||||||||||||||||||||
38 | New York | New York Consolidated Laws, Labor Law - LAB § 194: 4. (a) No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee. (b) An employer may, in a written policy provided to all employees, establish reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. Such limitations shall be consistent with standards promulgated by the commissioner and shall be consistent with all other state and federal laws. Such limitations may include prohibiting an employee from discussing or disclosing the wages of another employee without such employee's prior permission. (c) Nothing in this subdivision shall require an employee to disclose his or her wages. The failure of an employee to adhere to such reasonable limitations in such written policy shall be an affirmative defense to any claims made against an employer under this subdivision, provided that any adverse employment action taken by the employer was for failure to adhere to such reasonable limitations and not for mere inquiry, discussion or disclosure of wages in accordance with such reasonable limitations in such written policy. (d) This prohibition shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge, or in furtherance of an investigation, proceeding, hearing, or action under this chapter, including an investigation conducted by the employer. Executive Order 161: B: In order to promote consideration of applicants based on their unique aptitude and qualifications, no State entity is permitted to ask, or mandate, in any form, that an applicant for employment provide his or her current compensation, or any prior compensation history, until such time as the applicant is extended a conditional offer of employment with compensation. C: Once a conditional offer of employment has been extended, a State entity may request and verify compensation information. D:If a State entity is already in possesion of an applicant's prior compensation as of the effective date of this Executive Order, such information shall not be relied upon determining such applicant's salary, unless required by law or collective bargaining agreement. F: Nothing contained herein shall prevent an applicant from volunteering compensation information, but no applicant is under any obligation to provide such information until the requirements of this Executive Order are met. G: An applicant's refusal to provide compensation information shall not be considered in making an employment determination. Applicants that have been improperly asked for compensation information in violation of this Executive Order may report such violations to the Governor's Office of Employee Relations. H: Nothing contained herein shall impair rights under any collective bargaining agreement. Local Law 2017/067: Employers in New York City can’t ask applicants for salary history until after a job offer is extended. If an applicant’s previous salary is already known, that information can’t be used to determine applicant’s salary. Local Law No. P for 2016: Employers in Albany County can’t ask applicants for salary history until after a job offer is extended. Local Law No. 25 -2018: Employers in Suffolk County can’t ask applicants for salary history or investigate the previous salary of an applicant. Local Law No. 10624-2018: Employers in Westchester County can’t ask applicants for salary history. They’re only allowed under certain circumstances to confirm prior pay and rely on that information in setting salaries. | New York Consolidated Laws, Labor Law - LAB § 194: 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, except where payment is made pursuant to a differential based on: a. a seniority system; b. a merit system; c. a system which measures earnings by quantity or quality of production; or d. a bona fide factor other than sex, such as education, training, or experience. Such factor: (i) shall not be based upon or derived from a sex-based differential in compensation and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception under this paragraph shall not apply when the employee demonstrates (A) that an employer uses a particular employment practice that causes a disparate impact on the basis of sex, (B) that an alternative employment practice exists that would serve the same business purpose and not produce such differential, and (C) that the employer has refused to adopt such alternative practice. 2. For the purpose of subdivision one of this section, “business necessity” shall be defined as a factor that bears a manifest relationship to the employment in question. 3. For the purposes of subdivision one of this section, employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same geographical region, no larger than a county, taking into account population distribution, economic activity, and/or the presence of municipalities. | New York Consolidated Laws, Labor Law - LAB § 195: Every employer shall: 4. establish, maintain and preserve for not less than six years contemporaneous, true, and accurate payroll records showing for each week worked the hours worked; the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages for each employee. For all employees who are not exempt from overtime compensation as established in the commissioner's minimum wage orders or otherwise provided by New York state law or regulation, the payroll records shall include the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked. For all employees paid a piece rate, the payroll records shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate; | New York Consolidated Laws, Labor Law - LAB § 201: Wherever persons are employed who are affected by the provisions of this chapter or of the industrial code, the commissioner shall furnish to the employer copies or abstracts of such provisions, rules and orders as he may deem necessary affecting such persons. The copies or abstracts shall be in such language as the commissioner may require and shall be kept posted by the employer in a conspicuous place on each floor of the premises. New York Consolidated Laws, Labor Law - LAB § 195: Every employer shall: 1.(a) provide his or her employees, in writing in English and in the language identified by each employee as the primary language of such employee, at the time of hiring, a notice containing the following information: the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances; the regular pay day designated by the employer in accordance with section one hundred ninety-one of this article | Effective spetember 2023: New York Consolidated Laws, Labor Law - LAB § 194-b. MANDATORY DISCLOSURE OF COMPENSATION OR RANGE OF COMPENSATION. 1. A. No employer, employment agency, employee,or agent thereof shall advertise a job,promotion, or transfer opportunity that can or will be performed, at least in part, in the state of New York, without disclosing the following: (I) The compensation or a range of compensation for such job, promotion, or transfer opportunity; and (II) The job discription for such job, promotion, or transfer opportunity, if such description exists. B. Advertisements for jobs, promotions, or transfer opportunities paid solely on commision shall maintain compliance with subparagraph (I) of paragraph A of this subdivision by disclosing in writing a general statement that compensation shall be based on comission. 2. No employer shall refuse to interview, hire, promote, employ or otherwise retaliate against an applicant or current eployee for exercising any rights under this section. There are three additional areas of New York state with their own transparency laws, meaning businesses must comply with both the state and local laws in those areas. Ithaca, New York: In addition to the upcoming New York state law, under Ithaca’s local law, employers must list minimum and maximum compensation for jobs, as well as promotions and transfer opportunities. New York City: In addition to the upcoming New York state law, under New York City law, employers must list salary ranges. This bill applies only to positions that can and will be performed in New York City. Westchester County, New York: This applies to any positions that are required to be performed, in whole or in part, in Westchester County. In addition to the upcoming New York state law, under this amendment to a Westchester County law, employers with four or more employees must include salary ranges on job postings. | |||||||||||||||||||||
39 | North Carolina | State of Noth Carolina, Executive Order No.93: Section 3, Salary Equity: a) State Agencies are prohibited from requesting salary history from applicants. State Agencies may not rely upon previously obtained prior salary information in determining an applicant's history. b) As state employee salary history is a public rocord, the Northj Carolina Office of Stae Human Resources (OSHR) will take best efforts to ensure that State Agencies do not use this information in a discriminatory manner when making employment decisions. | North Carolina General Statutes Chapter 143. State Departments, Institutions, and Commissions § 143-422.2: (a) It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap by employers which regularly employ 15 or more employees. (b) It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment foments domestic strife and unrest, deprives the State of the fullest utilization of its capacities for advancement and development, and substantially and adversely affects the interests of employees, employers, and the public in general. | ||||||||||||||||||||||||
40 | North Dakota | North Dakota Century Code Title 34. Labor and Employment § 34-06.1-03: 1. An employer may not discriminate between employees in the same establishment on the basis of gender, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Differentials that are paid pursuant to established seniority systems, systems that measure earnings by quantity or quality of production, merit systems, or a bona fide factor other than gender, such as education, training, or experience, and which do not discriminate on the basis of gender, are not within this prohibition. 2. An employer that is paying a wage differential in violation of this chapter may not, in order to comply with this chapter, reduce the wage rates of any employee. 3. A person may not cause or attempt to cause an employer to discriminate against any employee in violation of this chapter. 4. An employer may not discharge or discriminate against an employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this chapter, except when proven that the act of the employee is fraudulent. 5. An unlawful employment practice occurs under this section when a discriminatory compensation decision or other practice is adopted; when an individual becomes subject to a discriminatory compensation decision or other practice; or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice. North Dakota Century Code Title 34. Labor and Employment § 34-01-17: No person carrying on or conducting within this state any business requiring employees may refuse to hire, employ, or license, or may bar or discharge from employment, any individual solely upon the ground of age; when the reasonable demands of the position do not require an age distinction; and, provided that such individual is well versed in the line of business carried on by such person, and is qualified physically, mentally, and by training and experience to satisfactorily perform the duties assigned to the person or for which the person applies. Nothing herein affects the retirement policy or system of any employer if such policy or system is not merely a subterfuge to evade the purposes of this section. Any person who violates any of the provisions of this section is guilty of a class B misdemeanor. | North Dakota Century Code Title 34. Labor and Employment § 34-06.1-07: An employer subject to this chapter shall make, keep, and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the individuals employed by the employer; shall preserve such records for as long as the employee is employed and two years thereafter; and shall make such reports from the records as the commissioner prescribes. | ||||||||||||||||||||||||
41 | Ohio | The city of Cincinnati, Code of Ordinances, Chapter 804: Sec. 804-03. - Prohibition on inquiring about or use of salary history. (a)Except as otherwise provided in this subdivision, it is an unlawful discriminatory practice for an employer or its agent to: (1)Inquire about the salary history of an applicant for employment; or (2)Screen job applicants based on their current or prior wages, benefits, other compensation, or salary histories, including requiring that an applicant's prior wages, benefits, other compensation or salary history satisfy minimum or maximum criteria; or (3)Rely on the salary history of an applicant in deciding whether to offer employment to an applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process, including the negotiation of an employment contract; or (4)Refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to an employer. (b)Notwithstanding paragraph (a) of this subdivision, an employer or its agent may, without inquiring about salary history, engage in discussion with the applicant about their expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant's resignation from their current employer.(c)An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment, for which the applicant has been provided a conditional offer of employment by the employer. Toledo Municipal Code, CHAPTER 768 Pay Equity Act: 2. (a) Except as otherwise provided in this subdivision, it is an unlawful discriminatory practice for an Employer to: (1) Inquire about the Salary History of an Applicant for Employment; or (2) Screen job Applicants based on their current or prior wages, benefits, other compensation, or Salary Histories, including requiring that an Applicant's prior wages, benefits, other compensation or Salary History satisfy minimum or maximum criteria; or (3) Rely on the Salary History of an Applicant in deciding whether to offer Employment to an Applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process, including the negotiation of an employment contract; or (4) Refuse to hire or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary history to an Employer. (b) Notwithstanding paragraph (a) of this subdivision, an Employer may, without inquiring about Salary History, engage in discussions with the Applicant about their expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an Applicant would forfeit or have cancelled by virtue of the Applicant's resignation from their current Employer. | Ohio Revised Code Title XLI. Labor and Industry § 4111.17: (A) No employer, including the state and political subdivisions thereof, shall discriminate in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. (B) 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 the performance of equal work under similar conditions on jobs requiring equal skill, effort, and responsibility, when the payment is made pursuant to any of the following: (1) A seniority system; (2) A merit system; (3) A system which measures earnings by the quantity or quality of production; (4) A wage rate differential determined by any factor other than race, color, religion, sex, age, national origin, or ancestry. (C) No employer shall reduce the wage rate of any employee in order to comply with this section. Ohio Revised Code Title XLI. Labor and Industry § 4112.02: It shall be an unlawful discriminatory practice: (A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment. | The city of Cincinnati, Code of Ordinances, Chapter 804-03: (c)An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment, for which the applicant has been provided a conditional offer of employment by the employer. Toledo Municipal Code, CHAPTER 768 Pay Equity Act: 2. (c) An Employer, upon reasonable request, shall provide the pay scale for a position to an Applicant applying for Employment, for which the Applicant has been provided a conditional offer of Employment by the Employer. | |||||||||||||||||||||||
42 | Oklahoma | Oklahoma Statutes Title 40. Labor §40-198: 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. | |||||||||||||||||||||||||
43 | Oregon | Oregon Revised Statutes Labor and Employment; Unlawful Discrimination § 659A.355: 1) It is an unlawful employment practice for an employer to discharge, demote or suspend, or to discriminate or retaliate against, an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has: (a) Inquired about, discussed or disclosed in any manner the wages of the employee or of another employee; or (b) 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. (2) This section does not apply to an employee who has access to wage information of employees as part of the job functions of the employee's position and discloses the wages of those employees to individuals not authorized access to the information, unless the disclosure is in response to a charge or complaint or is in furtherance of an investigation, proceeding, hearing or action, including but not limited to an investigation conducted by the employer. Hiring: Employers cannot ask for a worker’s salary/pay history before they make an offer of employment Employers cannot screen job applicants based on current or past salary/pay history Employers cannot determine compensation for a job based on the current or past compensation of a potential new employee (not including internal transfers) | Oregon Revised Statutes Labor and Employment; Unlawful Discrimination § 652.220: No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills. (b) Pay wages to any employee at a rate less than that at which the employer pays wages to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. (2) Subsection (1) of this section does not apply where: (a) Payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex. (b) A differential in wages between employees is based in good faith on factors other than sex. (3) No employer shall in any manner discriminate in the payment of wages against any employee because the employee has filed a complaint in a proceeding under ORS 652.210 to 652.230, or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to ORS 652.210 to 652.230 or in a criminal action pursuant to ORS 652.210 to 652.230. Oregon Revised Statutes Labor and Employment; Unlawful Discrimination § 659A.030: (1) It is an unlawful employment practice: (a) For an employer, because of an individual's race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, national origin, marital status or age of any other person with whom the individual associates, or because of an individual's juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, to refuse to hire or employ the individual or to bar or discharge the individual from employment. However, discrimination is not an unlawful employment practice if the discrimination results from a bona fide occupational qualification reasonably necessary to the normal operation of the employer's business. (b) For an employer, because of an individual's race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, national origin, marital status or age of any other person with whom the individual associates, or because of an individual's juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, to discriminate against the individual in compensation or in terms, conditions or privileges of employment. | ||||||||||||||||||||||||
44 | Pennsylvania | Philadelphia, The Philadelphia Code: § 9-1131. Wage Equity: (2) Prohibition on Inquiries into Wage History. (a) It is an unlawful employment practice for an employer, employment agency, or employee or agent thereof: (.1) To inquire about a prospective employee's wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history, or retaliate against a prospective employee for failing to comply with any wage history inquiry or for otherwise opposing any act made unlawful by this Chapter. (.2) To rely on the wage history of a prospective employee from any current or former employer of the individual in determining the wages for such individual at any stage in the employment process, including the negotiation or drafting of any employment contract, unless such applicant knowingly and willingly disclosed his or her wage history to the employer, employment agency, employee or agent thereof. (b) This subsection (2) shall not apply to any actions taken by an employer, employment agency, or employee or agent thereof, pursuant to any federal, state or local law that specifically authorizes the disclosure or verification of wage history for employment purposes. | Pennsylvania Statutes Title 43 P.S. Labor § 336.3: (a) No employer having employes subject to any provisions of this section shall discriminate, within any establishment in which such employes are employed, between employes on the basis of sex by paying wages to employes in such establishment at a rate less than the rate at which he pays wages to employes 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 (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex: Provided, That any employer who is paying a wage rate differential in violation of this subsection shall not in order to comply with the provisions of this subsection, reduce the wage rate of any employe. (b) No labor organization, or its agents, representing employes of an employer having employes subject to any provisions of this section, shall cause or attempt to cause such an employer to discriminate against an employe in violation of subsection (a) of this section. | Pennsylvania Statutes Title 43 P.S. Labor § 336.6: Every employer subject to this act shall make, keep and maintain such records of the wages and wage rates, job classifications and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such period and shall make such reports therefrom, as the secretary shall prescribe. | |||||||||||||||||||||||
45 | Rhode Island | Rhode Island General Laws Title 28. Labor and Labor Relations § 28-6-18: f) No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee or retaliate against an employee who engages in such activities. No employer shall require an employee to enter into a waiver or other agreement that purports to deny an employee the right to disclose or discuss their wages. An employer shall not prohibit an employee from aiding or encouraging any other employee to exercise their rights under this subsection. (1) Nothing in this subsection shall require an employee to disclose their wages. (2) Nothing in this subsection shall be construed to limit the rights of an employee provided by any other provision of law or collective bargaining agreement. Rhode Island General Laws Title 28. Labor and Labor Relations § 28-6-22: (a) No employer shall: (1) Rely on the wage history of an applicant when deciding whether to consider the applicant for employment; (2) Require that an applicant's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; (3) Rely on the wage history of an applicant in determining the wages such applicant is to be paid by the employer upon hire; or (4) Seek the wage history of an applicant. (b) Notwithstanding the provisions of subsection (a) of this section, after the employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may: (1) Rely on wage history to support a wage higher than the wage offered by the employer if wage history is voluntarily provided by the applicant for employment without prompting from the employer; (2) Seek to confirm the wage history of the applicant for employment to support a wage higher than the wage offered by the employer, when relying on wage history as permitted in subsection (b)(1) of this section; and (3) Rely on wage history in these circumstances to the extent that the higher wage does not create an unlawful pay differential based on the characteristics identified in § 28-6-18(a). (4) Nothing in this section shall penalize an employer for having knowledge of an employee's wage history at that employer if the employee currently works for the employer. (e) An employer may not refuse to interview, hire, promote, or employ an applicant for employment or employee and may not retaliate against that individual because he or she did not provide a wage history or because he or she requested the wage range for a position in accordance with this section. | Rhode Island General Laws Title 28. Labor and Labor Relations § 28-5-5: The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, is recognized as and declared to be a civil right. Rhode Island General Laws Title 28. Labor and Labor Relations § 28-5-7: It shall be an unlawful employment practice: (1) For any employer: (i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; (ii) Because of those reasons, to discharge an employee or discriminate against him or her with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment. However, if an insurer or employer extends insurance related benefits to persons other than or in addition to the named employee, nothing in this subdivision shall require those benefits to be offered to unmarried partners of named employees; Rhode Island General Laws Title 28. Labor and Labor Relations § 28-6-18: (a) No employer shall pay any of its employees at a wage rate less than the rate paid to employees of another race, or color, or religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin for comparable work, except where the employer meets the standards set forth in subsection (b) of this section. (b) A wage differential is permitted when the employer demonstrates: (1) The systems as referenced in this section are fair and are not being used as a pretext for an unlawful wage differential; (2) The differential is based upon one or more of the following factors: (i) A seniority system; provided, however, that time spent on leave due to a pregnancy-related condition or parental, family, and medical leave shall not reduce seniority; (ii) A merit system; (iii) A system that measures earnings by quantity or quality of production; (iv) Geographic location when the locations correspond with different costs of living; provided, that no location within the state of Rhode Island will be considered to have a sufficiently different cost of living. This clause shall apply at the employer's discretion and for the limited purpose of determining wage differentials for employees; (v) Reasonable shift differential, which is not based upon or derived from a differential in compensation based on characteristics identified in subsection (a) of this section; (vi) Education, training, or experience to the extent such factors are job-related and consistent with a business necessity; (vii) Work-related travel, if the travel is regular and a business necessity; or (viii) A bona fide factor other than those characteristics identified by subsection (a) of this section that is not based upon or derived from a differential in compensation based on characteristics identified in subsection (a); that is job-related with respect to the position in question; and that is consistent with business necessity. This factor shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential and that the employer has refused to adopt such alternative practice. A cost prohibitive alternative business practice is not an alternative business practice under this section; (3) The factor or factors relied upon must reasonably explain the differential; or (4) Each factor is relied upon reasonably. (c) An individual's wage history cannot, by itself, justify an otherwise unlawful wage differential. (d) An employer who discriminates in violation of this section shall not, in order to comply with the provisions of this section, reduce the wage rate of any employee. | Rhode Island General Laws Title 28. Labor and Labor Relations § 28-6-18: (i) Every employer subject to this chapter shall post, in a conspicuous place or places on its premises, a notice to be prepared or approved by the director that shall set forth excerpts of this chapter and any other relevant information the director deems necessary to explain the provisions of this chapter to the employees of an employer. Any employer who or that does not comply with the provisions of this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Rhode Island General Laws Title 28. Labor and Labor Relations § 28-6-22: (c) Upon the applicant's request, an employer shall provide an applicant for employment the wage range for the position for which the applicant is applying. The employer should provide a wage range for the position the applicant is applying for prior to discussing compensation. An employer shall provide an employee the wage range for the employee's position both at the time of hire and when the employee moves into a new position. During the course of employment, upon an employee's request, an employer shall provide the wage range for the employee's position. | |||||||||||||||||||||||
46 | South Carolina | TITLE 41 , CHAPTER 11, The Act to Establish Pay Equity, Section 41-11-30: (A) It is an unlawful employment practice for an employer to: (1) require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his wages or the wages of another employee; (2) require an employee to sign a waiver or other document that purports to deny an employee the right to disclose or discuss his wages; (3) discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his wages or the wages of another employee; (4) rely on the wage history of an applicant for employment in considering the applicant for employment including, but not limited to, requiring that the applicant's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment, except as provided in subsection (B); (5) rely on the wage history of an applicant for employment in determining the wages that the applicant is to be paid by the employer upon hire, except as provided in subsection (B); (6) seek the wage history of the applicant, except as provided in subsection (B); | TITLE 41 , CHAPTER 11, The Act to Establish Pay Equity, Section 41-11-20: A) An employer may not pay wages to an employee at a rate less than the rate paid to employees of another race, religion, color, sex, including gender identity and sexual orientation, age, national origin, or disability status for comparable work, when viewed as a composite of skill, effort, and responsibility and performed under similar working conditions, except if the payment is made pursuant to a bona fide: (1) seniority system; provided, however, that time spent on parental, family, and medical leave shall not reduce seniority; (2) merit system; (3) system that measures earnings by quantity or quality of production; or (4) factor other than religion, color, sex, including gender identity and sexual orientation, age, national origin, or disability status, such as education, training, or experience. The defense provided in this item may not apply if the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. The defense described in this item must apply only if the employer demonstrates that the factor: (a) is not based upon or derived from a differential in compensation based on religion, color, sex, including gender identity and sexual orientation, age, national origin, or disability status; (b) is job related with respect to the position in question; (c) is consistent with business necessity; and (d) accounts for the entire differential in compensation at issue. An individual's wage history cannot, by itself, justify an otherwise unlawful pay differential. (B) An employer who is paying a wage rate differential in violation of this section may not, in order to comply with the provisions of this section, reduce the wage rate of any employee. | TITLE 41 , CHAPTER 11, The Act to Establish Pay Equity, 41-11-30: (7) fail or refuse to provide an applicant for employment the wage range for the position for which the applicant is applying upon the earliest of the following: at the applicant's request; prior to or at the time of inquiring about the applicant's wage expectations; or prior to or at the time of providing the applicant an offer of compensation. For the purposes of this item, 'wage range' means the wage range that the employer anticipates relying on in setting wages for the position and may include reference to any applicable pay scale, a previously determined range of wages for the position, the actual range of wages for those currently holding comparable positions, or the budgeted amount for the position, as applicable; or (8) fail or refuse to provide the wage range for an employee's job to the employee upon hire, at least annually thereafter, and upon the employee's request. For the purposes of this item, 'wage range' may include reference to any applicable pay scale, a previously determined range of wages for the position, or the range of wages for incumbents in equivalent positions, as applicable. | |||||||||||||||||||||||
47 | South Dakota | South Dakota Law 60-12-15. Equal pay for equal work--Discrimination based on sex prohibited. No employer may discriminate between employees on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. 60-12-16. Differentials excluded from prohibition. Differentials which are paid pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of sex, are not within the prohibition of § 60-12-15. | South Dakota Law, 60-12-17. Terms and conditions of employment--Employers required to maintain records. Each employer of more than twenty-five persons shall make, keep, and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of each person employed, and shall preserve the records for a reasonable period of time. | ||||||||||||||||||||||||
48 | Tennessee | Tennessee Code Title 50. Employer and Employee § 50-2-202: a) 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; however, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex. (b) An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee. (c) No employer may discharge or discriminate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this part. | |||||||||||||||||||||||||
49 | Texas | OVERNMENT CODE, TITLE 6. PUBLIC OFFICERS AND EMPLOYEES, SUBTITLE B. STATE OFFICERS AND EMPLOYEES, CHAPTER 659. COMPENSATION, SUBCHAPTER A. GENERAL PROVISIONS: Sec. 659.001. EQUAL WORK, EQUAL PAY. A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. Texas Labor Code - LAB § 21.051: An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment; or (2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee. | Texas Labor Code - LAB § 21.301: A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed; (2) preserve the records for the period required by commission rule or court order; and (3) make reports from the records as prescribed by commission rule or court order as reasonable, necessary, or appropriate for the enforcement of this chapter or a rule or order issued under this chapter. | ||||||||||||||||||||||||
50 | Utah | Utah Code Title 34A. Utah Labor Code § 34A-5-106: (1) It is a discriminatory or prohibited employment practice to take an action described in Subsections (1)(a) through (g). (a)(i) An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of: (A) race; (B) color; (C) sex; (D) pregnancy, childbirth, or pregnancy-related conditions; (E) age, if the individual is 40 years of age or older; (F) religion; (G) national origin; (H) disability; (I) sexual orientation; or (J) gender identity. (ii) A person may not be considered “otherwise qualified,” unless that person possesses the following required by an employer for any particular job, job classification, or position: (A) education; (B) training; (C) ability, with or without reasonable accommodation; (D) moral character; (E) integrity; (F) disposition to work; (G) adherence to reasonable rules and regulations; and (H) other job related qualifications required by an employer. (iii)(A) As used in this chapter, “to discriminate in matters of compensation” means the payment of differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job. (B) Notwithstanding Subsection (1)(a)(iii)(A): (I) nothing in this chapter prevents an increase in pay as a result of longevity with the employer, if the salary increase is uniformly applied and available to all employees on a substantially proportional basis; and (II) nothing in this section prohibits an employer and employee from agreeing to a rate of pay or work schedule designed to protect the employee from loss of Social Security payment or benefits if the employee is eligible for those payments. | |||||||||||||||||||||||||
51 | Vermont | Vermont Statutes Title 21. Labor, § 495. Unlawful employment practice: (7) (B)(i) No employer may do any of the following: (I) 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. (II) 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. (ii) Unless otherwise required by law, an employer may prohibit a human resources manager from disclosing the wages of other employees. (8)(h) Nothing in this section shall require an employer to disclose the wages of an employee in response to an inquiry by another employee, unless the failure to do so would otherwise constitute unlawful employment discrimination. Unless otherwise required by law, nothing in this section shall require an employee to disclose his or her wages in response to an inquiry by another employee. Vermont Statutes Title 21. Labor, § 495m, Salary history; employment applications: a) An employer shall not: (1) inquire about or seek information regarding a prospective employee's current or past compensation from either the prospective employee or a current or former employer of the prospective employee; (2) require that a prospective employee's current or past compensation satisfy minimum or maximum criteria; or (3) determine whether to interview a prospective employee based on the prospective employee's current or past compensation. (b) Notwithstanding subdivision (a)(1) of this section, if a prospective employee voluntarily discloses information about his or her current or past compensation, an employer may, after making an offer of employment with compensation to the prospective employee, seek to confirm or request that the prospective employee confirm that information. (c) Nothing in this section shall be construed to prevent an employer from: (1) inquiring about a prospective employee's salary expectations or requirements; or (2) providing information about the wages, benefits, compensation, or salary offered in relation to a position. (d) As used in this section, “compensation” includes wages, salary, bonuses, benefits, fringe benefits, and equity-based compensation. | Vermont Statutes Title 21. Labor, § 495. Unlawful employment practice: (a) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, crime victim status, or physical or mental condition: (1) For any employer, employment agency, or labor organization to discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability; (7) For any employer, employment agency, labor organization, or person seeking employees 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. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this subsection. (A) An employer may pay different wage rates under this subsection when the differential wages are made pursuant to: (i) A seniority system. (ii) A merit system. (iii) A system in which earnings are based on quantity or quality of production. (iv) A bona fide factor other than sex. An employer asserting that differential wages are paid pursuant to this subdivision shall demonstrate that the factor does not perpetuate a sex-based differential in compensation, is job-related with respect to the position in question, and is based upon a legitimate business consideration. | ||||||||||||||||||||||||
52 | Virginia | Virginia Code Title 40.1. Labor and Employment § 40.1-28.7:9: A. No employer shall discharge from employment or take other retaliatory action against an employee because the employee (i) inquired about or discussed with, or disclosed to, another employee any information about either the employee's own wages or other compensation or about any other employee's wages or other compensation or (ii) filed a complaint with the Department alleging a violation of this section. However, the provisions of this section shall not apply to employees who have access to the compensation information of other employees or applicants for employment as part of their essential job functions who disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with a legal duty to furnish information. | Virginia Code Title 40.1. Labor and Employment § 40.1-28.6. Equal pay irrespective of sex: 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 (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. For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this section shall be deemed to be unpaid wages or unpaid overtime compensation and the employee whose wages have been wrongfully withheld in violation of this section shall have a right of action therefor to recover damages to the extent of two times the amount of wages so withheld. This section shall not apply to employers covered by the Fair Labor Standards Act of 1938 as amended. 1 Every action under this section shall be brought within two years next after the right to bring the same shall have accrued; provided, however, that nothing herein shall be construed to give rise to a cause of action for work performed prior to July 1, 1974. | ||||||||||||||||||||||||
53 | Washington | Washington Revised Code Title 49. Labor Regulations § 49.58.040: (1) An employer may not: (a) Require nondisclosure by an employee of his or her wages as a condition of employment; or (b) Require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee's wages. (2) An employer may not discharge or in any other manner retaliate against an employee for: (a) Inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee; (b) Asking the employer to provide a reason for the employee's wages or lack of opportunity for advancement; or (c) Aiding or encouraging an employee to exercise his or her rights under this section. (3) An employer may prohibit an employee who has access to compensation information of other employees or applicants as part of such employee's essential job functions from disclosing the wages of the other employees or applicants to individuals who do not otherwise have access to such information, unless the disclosure is in response to a complaint or charge, in furtherance of an investigation, or consistent with the employer's legal duty to provide the information and the disclosure is part of the employee's essential job functions. An employee described in this subsection otherwise has the protections of this section, including to disclose the employee's wages without retaliation. (4) This section does not require an employee to disclose the employee's compensation. Washington Revised Code Title 49. Labor Regulations § 49.58.100: (1) An employer may not: (a) Seek the wage or salary history of an applicant for employment from the applicant or a current or former employer; or (b) Require that an applicant's prior wage or salary history meet certain criteria, except as provided in subsection (2) of this section. (2) An employer may confirm an applicant's wage or salary history: (a) If the applicant has voluntarily disclosed the applicant's wage or salary history; or (b) After the employer has negotiated and made an offer of employment with compensation to the applicant. | Washington Revised Code Title 49. Labor Regulations § 49.58.020: (1) Any employer in this state who discriminates in any way in providing compensation based on gender between similarly employed employees of the employer is guilty of a misdemeanor. If any employee receives less compensation because of discrimination on account of gender in violation of this section, that employee is entitled to the remedies in RCW 49.58.060 and 49.58.070. In such action, however, the employer shall be credited with any compensation which has been paid to the employee upon account. (2) For purposes of this section, employees are similarly employed if the individuals work for the same employer, the performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. (3)(a) Discrimination within the meaning of this section does not include a differential in compensation based in good faith on a bona fide job-related factor or factors that: (i) Are consistent with business necessity; (ii) Are not based on or derived from a gender-based differential; and (iii) Account for the entire differential. More than one factor may account for the differential. (b) Such bona fide factors include, but are not limited to: (i) Education, training, or experience; (ii) A seniority system; (iii) A merit system; (iv) A system that measures earnings by quantity or quality of production; or (v) A bona fide regional difference in compensation levels. (c) A differential in compensation based in good faith on a local government ordinance providing for a minimum wage different from state law does not constitute discrimination under this section. (d) An individual's previous wage or salary history is not a defense under this section. (e) The employer carries the burden of proof on these defenses. Washington Revised Code Title 49. Labor Regulations § 49.58.050: An employer may not retaliate, discharge, or otherwise discriminate against an employee because the employee has filed any complaint, or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter. | Washington Revised Code Title 49. Labor Regulations § 49.58.110: (1) Upon request of an applicant for employment after the employer has initially offered the applicant the position, the employer must provide the minimum wage or salary for the position for which the applicant is applying. (2) Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position. (3) If no wage scale or salary range exists, the employer must provide the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or making the promotion. (4) This section only applies to employers with fifteen or more employees. | |||||||||||||||||||||||
54 | West Virginia | West Virginia Code Chapter 21. Labor § 21-5B-3: (1) No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; (b) pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. (2) Subsection (1) of this section does not apply where: (a) Payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex, (b) a differential in wages between employees is based in good faith on factors other than sex. No employee shall be reduced in wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization. (3) No employer shall in any manner discriminate in the payment of wages against any employee because the employee has filed a complaint in a proceeding under this article, or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to this article or in a criminal action pursuant to this article. West Virginia Code Chapter 21. Labor § 21-5E-3: (For State employees):a) No employer shall: (1) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; or (2) Pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. (b) Nothing in subsection (a) of this section prohibits the payment of different wages to employees where the payment is made pursuant to: (1) A bona fide seniority system; (2) A merit system; or (3) A system that measures earnings by quantity or quality of production. (c) No employee shall be reduced in wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization. (d) No employer shall in any manner discriminate in the payment of wages to any employee because the employee has filed a complaint in a proceeding under this article, or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding pursuant to this article. (e) Except as otherwise provided in subsection (d), section six of this article, the provisions of this section shall not become effective until the Legislature approves for promulgation the rules proposed by the equal pay commission under the provisions of subsection (c) of said section. | West Virginia Code Chapter 21. Labor § 21-5C-5: Every employer subject to the provisions of this article shall make or cause to be made, and shall keep and preserve at his place of business for a period of two years, a written record or records of the name and address of each of his employees as herein defined, his rate of pay, hours of employment, payroll deductions, and amount paid him for each pay period. | ||||||||||||||||||||||||
55 | Wisconsin | Wisconsin Statutes Employment Relations (Ch. 111) § 111.321: Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters. Wisconsin Statutes Employment Relations (Ch. 111) § 111.322: Subject to ss. 111.33 to 111.365, it is an act of employment discrimination to do any of the following: (1) To refuse to hire, employ, admit or license any individual, to bar or terminate from employment or labor organization membership any individual, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment or labor organization membership because of any basis enumerated in s. 111.321. Wisconsin Statutes Employment Relations (Ch. 111) § 111.36: (1) Employment discrimination because of sex includes, but is not limited to, any of the following actions by any employer, labor organization, employment agency, licensing agency or other person: (a) Discriminating against any individual in promotion, compensation paid for equal or substantially similar work, or in terms, conditions or privileges of employment or licensing on the basis of sex where sex is not a bona fide occupational qualification. (b) Engaging in sexual harassment; or implicitly or explicitly making or permitting acquiescence in or submission to sexual harassment a term or condition of employment; or making or permitting acquiescence in, submission to or rejection of sexual harassment the basis or any part of the basis for any employment decision affecting an employee, other than an employment decision that is disciplinary action against an employee for engaging in sexual harassment in violation of this paragraph; or permitting sexual harassment to have the purpose or effect of substantially interfering with an employee's work performance or of creating an intimidating, hostile or offensive work environment. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment. (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual's gender, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile or offensive work environment or has the purpose or effect of substantially interfering with that individual's work performance. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment. (c) Discriminating against any woman on the basis of pregnancy, childbirth, maternity leave or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability. (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse to hire, employ, admit or license, or to bar or terminate from employment, membership or licensure any individual, or to discriminate against an individual in promotion, compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation; or 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge or otherwise discriminate against any person because he or she has opposed any discriminatory practices under this paragraph or because he or she has made a complaint, testified or assisted in any proceeding under this paragraph. (2) For the purposes of this subchapter, sex is a bona fide occupational qualification if all of the members of one sex are physically incapable of performing the essential duties required by a job, or if the essence of the employer's business operation would be undermined if employees were not hired exclusively from one sex. (3) For purposes of sexual harassment claims under sub. (1)(b), an employer, labor organization, employment agency or licensing agency is presumed liable for an act of sexual harassment by that employer, labor organization, employment agency or licensing agency or by any of its employees or members, if the act occurs while the complaining employee is at his or her place of employment or is performing duties relating to his or her employment, if the complaining employee informs the employer, labor organization, employment agency or licensing agency of the act, and if the employer, labor organization, employment agency or licensing agency fails to take appropriate action within a reasonable time. | |||||||||||||||||||||||||
56 | Wyoming | Wyoming Statutes Title 27. Labor and Employment § 27-4-302: (a) 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: (i) A seniority system; (ii) A merit system; (iii) A system which measures earning by quantity or quality of production; or (iv) A differential based on any other factor other than gender. Wyoming Statutes Title 27. Labor and Employment § 27-9-105: (a) It is a discriminatory or unfair employment practice: (i) For an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation or the terms, conditions or privileges of employment against, a qualified disabled person or any person otherwise qualified, because of age, sex, race, creed, color, national origin, ancestry or pregnancy; (ii) For a person, an employment agency, a labor organization, or its employees or members, to discriminate in matters of employment or membership against any person, otherwise qualified, because of age, sex, race, creed, color, national origin, ancestry or pregnancy, or a qualified disabled person; (iii) For an employer to reduce the wage of any employee to comply with this chapter | Wyoming Statutes Title 27. Labor and Employment § 27-4-203: Every employer subject to this act [§§ 27-4-201 through 27-4-204] shall make, and keep for a period of not less than two (2) years in or about the premises wherein any employee is employed, a record of the name, address and occupation of each of his employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each work week by such employee. | ||||||||||||||||||||||||
57 | Canadian Provinces | Equal Treatment | Equal Pay | Records and reports | Pay Transparency, Pay Discussion | Rewards Consultant (Name, Website, Mail if possible) | |||||||||||||||||||||
58 | 0_Canada Law | Employment Equity Act, S.C. 1995, c. 44: https://laws-lois.justice.gc.ca/eng/acts/E-5.401/page-1.html 4 (1) This Act applies to (a) private sector employers; (b) the portions of the federal public administration set out in Schedule I or IV to the Financial Administration Act; (c) the portions of the federal public administration set out in of Schedule V to the Financial Administration Act that employ one hundred or more employees; and (d) such other portion of the public sector employing one hundred or more employees, including the Canadian Forces and the Royal Canadian Mounted Police, as may be specified by order of the Governor in Council on the recommendation of the Treasury Board, in consultation with the minister responsible for the specified portion. 5 Every employer shall implement employment equity by (a) identifying and eliminating employment barriers against persons in designated groups that result from the employer’s employment systems, policies and practices that are not authorized by law; and (b) instituting such positive policies and practices and making such reasonable accommodations as will ensure that persons in designated groups achieve a degree of representation in each occupational group in the employer’s workforce that reflects their representation in (i) the Canadian workforce, or (ii) those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography and from which the employer may reasonably be expected to draw employees. 6 The obligation to implement employment equity does not require an employer (a) to take a particular measure to implement employment equity where the taking of that measure would cause undue hardship to the employer; (b) to hire or promote persons who do not meet the essential qualifications for the work to be performed; (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or (d) to create new positions in its workforce. 7 Notwithstanding any other provision of this Act, where a private sector employer is engaged primarily in promoting or serving the interests of Aboriginal peoples, the employer may give preference in employment to Aboriginal peoples or employ only Aboriginal peoples, unless that preference or employment would constitute a discriminatory practice under the Canadian Human Rights Act. 9 (1) For the purpose of implementing employment equity, every employer shall (a) collect information and conduct an analysis of the employer’s workforce, in accordance with the regulations, in order to determine the degree of the underrepresentation of persons in designated groups in each occupational group in that workforce; and (b) conduct a review of the employer’s employment systems, policies and practices, in accordance with the regulations, in order to identify employment barriers against persons in designated groups that result from those systems, policies and practices. (2) Only those employees who identify themselves to an employer, or agree to be identified by an employer, as Aboriginal peoples, members of visible minorities or persons with disabilities are to be counted as members of those designated groups for the purposes of implementing employment equity. (3) Information collected by an employer under paragraph (1)(a) is confidential and shall be used only for the purpose of implementing the employer’s obligations under this Act. 10 (1) The employer shall prepare an employment equity plan that (a) specifies the positive policies and practices that are to be instituted by the employer in the short term for the hiring, training, promotion and retention of persons in designated groups and for the making of reasonable accommodations for those persons, to correct the underrepresentation of those persons identified by the analysis under paragraph 9(1)(a); (b) specifies the measures to be taken by the employer in the short term for the elimination of any employment barriers identified by the review under paragraph 9(1)(b); (c) establishes a timetable for the implementation of the matters referred to in paragraphs (a) and (b); (d) where underrepresentation has been identified by the analysis, establishes short term numerical goals for the hiring and promotion of persons in designated groups in order to increase their representation in each occupational group in the workforce in which underrepresentation has been identified and sets out measures to be taken in each year to meet those goals; (e) sets out the employer’s longer term goals for increasing the representation of persons in designated groups in the employer’s workforce and the employer’s strategy for achieving those goals; and (f) provides for any other matter that may be prescribed. (2) In establishing the short term numerical goals referred to in paragraph (1)(d), every employer shall consider (a) the degree of underrepresentation of persons in each designated group in each occupational group within the employer’s workforce; (b) the availability of qualified persons in designated groups within the employer’s workforce and in the Canadian workforce; (c) the anticipated growth or reduction of the employer’s workforce during the period in respect of which the numerical goals apply; (d) the anticipated turnover of employees within the employer’s workforce during the period in respect of which the numerical goals apply; and (e) any other factor that may be prescribed. 11 Every employer shall ensure that its employment equity plan would, if implemented, constitute reasonable progress toward implementing employment equity as required by this Act. 12 Every employer shall (a) make all reasonable efforts to implement its employment equity plan; and (b) monitor implementation of its plan on a regular basis to assess whether reasonable progress toward implementing employment equity is being made. 13 Every employer shall, at least once during the period in respect of which the short term numerical goals referred to in paragraph 10(1)(d) are established, review its employment equity plan and revise it by (a) updating the numerical goals, taking into account the factors referred to in subsection 10(2); and (b) making any other changes that are necessary as a result of an assessment made pursuant to paragraph 12(b) or as a result of changing circumstances. 14 Every employer shall provide information to its employees explaining the purpose of employment equity and shall keep its employees informed about measures the employer has undertaken or is planning to undertake to implement employment equity and the progress the employer has made in implementing employment equity. 15 (1) Every employer shall consult with its employees’ representatives by inviting the representatives to provide their views concerning (a) the assistance that the representatives could provide to the employer to facilitate the implementation of employment equity in its workplace and the communication to its employees of matters relating to employment equity; and (b) the preparation, implementation and revision of the employer’s employment equity plan. (2) Where employees are represented by a bargaining agent, the bargaining agent shall participate in a consultation under subsection (1). | Pay Equity Act, S.C. 2018, c. 27, s. 416: https://laws-lois.justice.gc.ca/eng/acts/P-4.2/page-1.html#docCont 12 Every employer must establish a pay equity plan in accordance with this Act in respect of its employees. 13 Every group of employers must establish a pay equity plan in accordance with this Act in respect of the employees of the employers in the group. 16 (1) The following employers must, in respect of the pay equity plan that the employer is required to establish, make all reasonable efforts to establish a pay equity committee: (a) an employer that is considered to have 100 or more employees for the purpose of section 6 or 7, as the case may be; or (b) an employer that is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, if some or all of its employees were unionized employees on the date on which the employer became subject to this Act. (2) An employer that is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if all of its employees were non-unionized employees on the date on which the employer became subject to this Act. 17 (1) The following groups of employers must, in respect of the pay equity plan that the group is required to establish, make all reasonable efforts to establish a pay equity committee: (a) a group of employers that is considered under section 18 to have 100 or more employees; or (b) a group of employers that is considered under section 18 to have 10 to 99 employees, if at least one of the employers in the group had unionized employees on the date on which it became subject to this Act. (2) A group of employers that is considered under section 18 to have 10 to 99 employees, may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if each of the employers in the group had only non-unionized employees on the date on which it became subject to this Act. 19 (1) A pay equity committee is to be composed of at least three members and must also meet the following requirements: (a) at least two-thirds of the members must represent the employees to whom the pay equity plan relates; (b) at least 50% of the members must be women; (c) at least one member must be a person selected by the employer to represent it; (d) if some or all of the employees to whom the pay equity plan relates are unionized employees, there must be at least the same number of members to represent those employees as there are bargaining agents, with each bargaining agent selecting at least one person to be a member and to represent employees who are members of any bargaining unit represented by that bargaining agent; and (e) if some or all of the employees to whom the pay equity plan relates are non-unionized employees, at least one member must be a person selected by those employees to represent them. (2) Non-unionized employees must select members to represent them by a majority of votes. 32 An employer — or, if a pay equity committee has been established, that committee — must start by identifying the job class of positions occupied or that may be occupied by employees to whom the pay equity plan relates. Subject to section 34, positions are considered to be in the same job class if (a) they have similar duties and responsibilities; (b) they require similar qualifications; and (c) they are part of the same compensation plan and are within the same range of salary rates. 33 A job class may consist of only one position. 34 Positions in the core public administration that are at the same group and level comprise a single job class. 35 Once an employer — or, if a pay equity committee has been established, that committee — has identified all of the job classes under section 32, it must determine which of them are predominantly female job classes and which of them are predominantly male job classes. 36 A job class is considered to be a predominantly female job class if (a) at least 60% of the positions in the job class are occupied by women; (b) historically, at least 60% of the positions in the job class were occupied by women; or (c) the job class is one that is commonly associated with women due to gender-based occupational stereotyping. 37 A job class is considered to be a predominantly male job class if (a) at least 60% of the positions in the job class are occupied by men; (b) historically, at least 60% of the positions in the job class were occupied by men; or (c) the job class is one that is commonly associated with men due to gender-based occupational stereotyping. 39 If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class but that there are no predominantly male job classes, and no regulations have been made under paragraph 181(1)(c), the employer must notify the Pay Equity Commissioner of that determination. 41 (1) If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class and at least one predominantly male job class, the employer or committee, as the case may be, must determine the value of the work performed in each of the predominantly female and predominantly male job classes determined under that section. (2) For greater certainty, an employer or pay equity committee, as the case may be, may determine that the value of the work performed in each of the predominantly female and predominantly male job classes determined under section 35 is the value that has already been determined by means of a method that complies with the requirements set out in sections 42 and 43 and any other requirements that are prescribed by regulation. 42 The criterion to be applied in determining the value of the work performed is the composite of the skill required to perform the work, the effort required to perform the work, the responsibility required in the performance of the work and the conditions under which the work is performed. 43 In addition, an employer — or, if a pay equity committee has been established, that committee — must, to determine the value of the work performed, use a method that (a) does not discriminate on the basis of gender; and (b) makes it possible to determine the relative value of the work performed in all of the predominantly female and predominantly male job classes determined under section 35. 44 (1) An employer — or, if a pay equity committee has been established, that committee — must calculate the compensation, expressed in dollars per hour, associated with each job class for which it has determined, under section 41, the value of the work performed. (2) If an employer or pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38, the compensation associated with that job class is considered to be the compensation associated with the individual predominantly female job class within the group that has the greatest number of employees. (3) For the purpose of determining salary in the calculation of the compensation associated with a job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used. 45 An employer — or, if a pay equity committee has been established, that committee — may exclude from the calculation of compensation, with respect to each job class in respect of which compensation is required to be calculated, any form of compensation that is equally available, and provided without discrimination on the basis of gender, in respect of all of those job classes. 46 An employer — or, if a pay equity committee has been established, that committee — must exclude from the calculation of compensation associated with a job class any differences in compensation that either increase or decrease compensation in any or all positions in that job class as compared with the compensation that would otherwise be associated with the position, if the differences are based on any one or more of the following factors and those factors have been designed and are applied so as not to discriminate on the basis of gender: (a) the existence of a system of compensation that is based on seniority or length of service; (b) the practice of temporarily maintaining an employee’s compensation following their reclassification or demotion to a position that has a lower rate of compensation until the rate of compensation for the position is equivalent to or greater than the rate of compensation payable to the employee immediately before the reclassification or demotion; (c) a shortage of skilled workers that causes an employer to temporarily increase compensation due to its difficulty in recruiting or retaining employees with the requisite skills for positions in a job class; (d) the geographic area in which an employee works; (e) the fact that an employee is in an employee development or training program and receives compensation at a rate different than that of an employee doing the same work in a position outside the program; (f) the non-receipt of compensation — in the form of benefits that have a monetary value — due to the temporary, casual or seasonal nature of a position; (g) the existence of a merit-based compensation plan that is based on a system of formal performance ratings and that has been brought to the attention of the employees; or (h) the provision of compensation for extra-duty services, including compensation for overtime, shift work, being on call, being called back to work and working or travelling on a day that is not a working day. 47 An employer — or, if a pay equity committee has been established, that committee — that has calculated under section 44 the compensation associated with each job class must, using the compensation so calculated, compare, in accordance with sections 48 to 50, the compensation associated with the predominantly female job classes with the compensation associated with the predominantly male job classes, for the purpose of determining whether there is any difference in compensation between those job classes. 48 (1) The comparison of compensation must be made in accordance with the equal average method set out in section 49 or the equal line method set out in section 50. (2) Despite subsection (1), (a) if an employer determines that neither of the methods referred to in that subsection can be used, the employer must (i) apply to the Pay Equity Commissioner for authorization to use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the employer is of the opinion that the prescribed method cannot be used, a method that it proposes, and (ii) use the method for the comparison of compensation that the Pay Equity Commissioner authorizes; and (b) if a pay equity committee determines that neither of the methods referred to in that subsection can be used, the committee must use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the committee is of the opinion that the prescribed method cannot be used, a method that it considers appropriate. 49 (1) An employer or pay equity committee, as the case may be, that uses the equal average method of comparison of compensation must apply the following rules: (a) the average compensation associated with the predominantly female job classes within a band — or, if there is only one such job class within a band, the compensation associated with that job class — is to be compared to (i) if there is more than one predominantly male job class within the band, the average compensation associated with the predominantly male job classes within the band, (ii) if there is only one predominantly male job class within the band, the compensation associated with that job class, or (iii) if there are no predominantly male job classes within the band, the compensation calculated under paragraph (b); (b) the compensation for the purpose of subparagraph (a)(iii) is the following: (i) the amount determined by the formula (A × B)/C where A is the average compensation associated with the predominantly male job classes — or if there is only one such job class, the compensation associated with that job class — that are within the band that is closest to the band within which the predominantly female job class or classes are located, B is the average value of the work performed in the predominantly female job classes within the band or, if there is only one such job class, the value of the work performed in that job class, and C is the average value of the work performed in the predominantly male job classes within the band referred to in the description of A or, if there is only one such job class, the value of the work performed in that job class, or (ii) despite subparagraph (i), if there is at least one predominantly male job class within each of two bands that are equidistant from the band within which the predominantly female job class or classes are located, and there is no other band containing at least one predominantly male job class that is closer to that band, the amount determined by the formula (A + B)/2 where A is the average compensation associated with the predominantly male job classes within one of the two bands or, if there is only one such job class, the compensation associated with that job class, and B is the average compensation associated with the predominantly male job classes within the other band or, if there is only one such job class, the compensation associated with that job class; (c) the compensation associated with a predominantly female job class within a band is to be increased only if (i) that compensation is lower than the compensation or average compensation referred to subparagraph (a)(i), (ii) or (iii), as the case may be, and (ii) the average compensation associated with the predominantly female job classes within the band — or, if there is only one such job class, the compensation associated with that job class — is lower than the compensation or average compensation referred to subparagraph (a)(i), (ii) or (iii), as the case may be; (d) if the compensation associated with a predominantly female job class within a band is to be increased, the increase is to be determined by multiplying the factor calculated in accordance with the regulations by an amount equal to the difference between the compensation associated with the job class and the compensation or average compensation referred to subparagraph (a)(i), (ii) or (iii), as the case may be; and (e) an increase in compensation associated with the predominantly female job class or classes within a band is to be made in such a way that, after the increase, the average compensation associated with the predominantly female job classes within the band — or, if there is only one such job class, the compensation associated with that job class — is equal to the compensation or average compensation referred to subparagraph (a)(i), (ii) or (iii), as the case may be. 50 (1) An employer or pay equity committee, as the case may be, that uses the equal line method of comparison of compensation must apply the following rules: (a) a female regression line must be established for the predominantly female job classes and a male regression line must be established for the predominantly male job classes; (b) the compensation associated with a predominantly female job class is to be increased only if (i) the female regression line is entirely below the male regression line, and (ii) the predominantly female job class is located below the male regression line; (c) if the compensation associated with a predominantly female job class is to be increased, the increase is to be determined by multiplying the factor calculated in accordance with the regulations by an amount equal to the difference between the compensation associated with the predominantly female job class and the compensation associated with a predominantly male job class, were such a job class located on the male regression line, in which the value of the work performed is equal to that of the predominantly female job class; and (d) an increase in compensation associated with the predominantly female job classes is to be made in such a way that, after the increase, the female regression line coincides with the male regression line. (2) Despite paragraphs (1)(b) to (d), if the female regression line crosses the male regression line, an employer or pay equity committee, as the case may be, must apply the rules for the comparison of compensation that are prescribed by regulation. | Employment Equity Act, S.C. 1995, c. 44: https://laws-lois.justice.gc.ca/eng/acts/E-5.401/page-1.html 17 Every employer shall, in accordance with the regulations, establish and maintain employment equity records in respect of the employer’s workforce, the employer’s employment equity plan and the implementation of employment equity by the employer. 18 (1) Every private sector employer shall, on or before June 1 in each year, file with the Minister a report in respect of the immediately preceding calendar year containing information in accordance with prescribed instructions, indicating, in the prescribed manner and form, (a) the industrial sector in which its employees are employed, the location of the employer and its employees, the number of its employees and the number of those employees who are members of designated groups; (b) the occupational groups in which its employees are employed and the degree of representation of persons who are members of designated groups in each occupational group; (c) the salary ranges of its employees and the degree of representation of persons who are members of designated groups in each range and in each prescribed subdivision of the range and any other information in relation to the salary of its employees that may be prescribed; and (d) the number of its employees hired, promoted and terminated and the degree of representation in those numbers of persons who are members of designated groups. (2) For the purposes of subsection (1), an employer is the person who or organization that was the employer on December 31 in the immediately preceding year. (3) An employer may file a report using electronic media in a manner specified in writing by the Minister and, in such a case, the report is deemed to have been filed on the day that the Minister acknowledges receipt of it. (4) Only those employees who identify themselves to their employer, or agree to be identified by their employer, as Aboriginal peoples, members of visible minorities and persons with disabilities are to be counted as members of those designated groups for the purposes of the report. (5) A report shall be certified, in the prescribed manner, as to the accuracy of the information contained in it and shall be signed by the employer or, where the employer is a corporation, by a prescribed person on behalf of the corporation. (6) An employer shall include in a report a description of (a) the measures taken by the employer during the reporting period to implement employment equity and the results achieved; and (b) the consultations between the employer and its employees’ representatives during the reporting period concerning the implementation of employment equity. (9) An employer shall, on filing a report with the Minister under this section, provide its employees’ representatives with a copy of the report. 19 (1) Subject to subsection (2), every report filed under subsection 18(1) shall be available for public inspection at such places as may be designated, and in such form as may be determined, by the Minister, and any person may, on payment of a prescribed fee, not to exceed the costs of furnishing a copy, obtain from the Minister a copy of any of the reports. (2) The Minister may, on the application of an employer, withhold the employer’s report from public inspection for a period not exceeding one year if, in the opinion of the Minister, special circumstances warrant the withholding. 20 The Minister shall in each year prepare a report consisting of a consolidation of the reports filed under subsection 18(1) together with an analysis of those reports and shall cause the report to be laid before each House of Parliament not later than the fifteenth sitting day that that House of Parliament is sitting after the report is completed. 21 (1) The President of the Treasury Board shall, in each fiscal year, cause to be laid before each House of Parliament a report in respect of the state of employment equity in the portions of the federal public administration referred to in paragraph 4(1)(b) during the immediately preceding fiscal year. (2) The report referred to in subsection (1) shall consist of (a) a consolidation and analysis of (i) the number of employees employed in each portion of the federal public administration referred to in paragraph 4(1)(b) and the number of persons who are members of each designated group so employed, (ii) the total number of employees employed in all portions of the federal public administration referred to in paragraph 4(1)(b) in each province and in the National Capital Region and the number of persons who are members of each designated group so employed, (iii) the occupational groups of employees and the degree of representation of persons who are members of each designated group in each occupational group, (iv) the salary ranges of employees and the degree of representation of persons who are members of each designated group in each range and in any subdivision of the range, and (v) the numbers of employees hired, promoted and terminated and the degree of representation, in those numbers, of persons who are members of each designated group; (b) a description of the principal measures taken by the Treasury Board during the reporting period to implement employment equity and the results achieved; (c) a description of the consultations between the Treasury Board and its employees’ representatives during the reporting period concerning the implementation of employment equity; and (d) any other information that the President of the Treasury Board considers relevant. | |||||||||||||||||||||||
59 | Alberta | Alberta Human Rights Act, Revised Statutes of Alberta 2000 Chapter, A-25.5: 6(1) Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay the employees at the same rate of pay. (2) No employer shall reduce the rate of pay of an employee in order to comply with this section. 7(1) No employer shall (a) refuse to employ or refuse to continue to employ any person, or (b) discriminate against any person with regard to employment or any term or condition of employment, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person. (2) Subsection (1) as it relates to age and marital status does not affect the operation of any bona fide retirement or pension plan or the terms or conditions of any bona fide group or employee insurance plan. (3) Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement. | Public Sector Compensation Transparency Act, Statutes of Alberta 2015 Chapter P-40.5 (For public employers) 2(1) Commencing in 2016, on or before June 30 in each year, the Minister shall disclose the following to the public, in the form and manner determined by the Minister, with respect to each employee of the Government of Alberta whose base salary or severance during the previous calendar year is greater than the threshold referred to in section 1(o)(i): (a) a statement of remuneration in relation to the previous year in accordance with subsection (2); (b) subject to the regulations, any contract of employment with respect to the employee (i) under section 28 of the Public Service Act, or (ii) if the employee is (A) a person appointed to the position of deputy minister under section 4 of the Government Organization Act, (B) a senior official appointed by an order in council and paid directly by the government, or (C) a person who works in the office of a minister or the Premier; (c) subject to the regulations, any contract with respect to the employee’s severance or other terms and conditions for the termination of the employee’s employment. (2) The statement of remuneration disclosed under this section must provide the following information separately with respect to each employee whose base salary or severance during the previous year is greater than the threshold: (a) the employee’s name; (b) the position or appointment last held by the employee during the previous year; (c) the most recent office or department in which the employee was employed during the previous year; (d) the employee’s most recent classification during the previous year; (e) the amount of base salary paid to the employee during the previous year; (f) the amount of monetary benefits paid to the employee during the previous year; (g) the amount or value of non-monetary benefits provided to or in respect of the employee during the previous year; (h) the amount of any severance paid to the employee, or to which the employee became entitled, during the previous year; (i) any documents, records or other information set out in the regulations. (3) In addition to the disclosure referred to in subsection (1), the Minister must disclose the information set out in subsections (1)(c) and (2)(h) on or before December 31 in each calendar year with respect to the 6-month period ending on June 30 of that year. (4) The Minister shall not disclose information in respect of which an employee of the Government of Alberta has a contractual or other legal right of confidentiality that was acquired prior to January 20, 2014. (5) The Lieutenant Governor in Council may, by regulation, establish the period of time during which a disclosure under this. | ||||||||||||||||||||||||
60 | Britisch Coulmbia | HUMAN RIGHTS CODE [RSBC 1996] CHAPTER 210: 12(1)An employer must not discriminate between employees by employing an employee of one sex for work at a rate of pay that is less than the rate of pay at which an employee of the other sex is employed by that employer for similar or substantially similar work. (2)For the purposes of subsection (1), the concept of skill, effort and responsibility must, subject to factors in respect of pay rates such as seniority systems, merit systems and systems that measure earnings by quantity or quality of production, be used to determine what is similar or substantially similar work. (3)A difference in the rate of pay between employees of different sexes based on a factor other than sex does not constitute a failure to comply with this section if the factor on which the difference is based would reasonably justify the difference. (4)An employer must not reduce the rate of pay of an employee in order to comply with this section. 13(1)A person must not (a)refuse to employ or refuse to continue to employ a person, or (b)discriminate against a person regarding employment or any term or condition of employment because of the Indigenous identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person. (2)An employment agency must not refuse to refer a person for employment for any reason mentioned in subsection (1). (3)Subsection (1) does not apply (a)as it relates to age, to a bona fide scheme based on seniority, or (b)as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan, whether or not the plan is the subject of a contract of insurance between an insurer and an employer. (4)Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement. | BILL 13 – 2023, PAY TRANSPARENCY ACT: 5 A reporting employer must, on or before November 1 of each year, prepare a pay transparency report that (a) contains the prescribed information, and (b) is in the prescribed format. 6 (1) For the purposes of preparing a pay transparency report, a reporting employer must do the following: (a) during the first year in which the reporting employer is required to prepare a pay transparency report, make reasonable efforts to collect the prescribed information from each employee of the reporting employer; (b) at the time an individual becomes an employee of the reporting employer, make reasonable efforts to collect the prescribed information from that individual; (c) at least once in every calendar year, provide to each employee of the reporting employer the opportunity (i) to provide the prescribed information, and (ii) to update or make additions to any information provided by the employee under this section. (2) A reporting employer must, when collecting information from an employee under this section, (a) collect the information in the prescribed manner, and (b) inform the employee that the employee's disclosure of the information is voluntary. 7 (1) Subject to subsection (2), a reporting employer must, as soon as practicable following completion of a pay transparency report, publish the report on a publicly accessible website maintained by or on behalf of the reporting employer. (2) If a reporting employer does not have a publicly accessible website, the reporting employer must, as soon as practicable following completion of a pay transparency report, (a) make a copy of the report available to employees of the reporting employer in at least one conspicuous place in each workplace of the reporting employer, and (b) make a copy of the report available to any member of the public who requests one. (3) A pay transparency report made available under subsection (1) or (2) must continue to be available until the reporting employer makes available a new pay transparency report. (4) The Lieutenant Governor in Council may prescribe other requirements in relation to the publication of pay transparency reports. 8 The minister must publish, by June 1 of each calendar year, beginning in 2024, a report that contains the following information in relation to the preceding calendar year: (a) differences among prescribed groups of individuals in relation to pay; (b) a description of trends in relation to the differences referred to in paragraph (a); (c) the number of reports of non-compliance received by the director under section 10 (2) (b) and a description of the nature of those reports; (d) any other prescribed information. Consultation and notification before completing reports 9 (1) Before completing an annual report or a report referred to in section 10 (2) (d), the director must provide written notice to each Indigenous governing entity that is authorized to act on behalf of Indigenous peoples whose rights or interests could be affected by the publication of the report. (2) If an Indigenous governing entity responds in writing to a notice within 30 days after the notice was provided, indicating that the Indigenous governing entity wishes to be consulted and to cooperate in the preparation of the report, the director must, on one or more occasions and without limiting the manner of consultation and cooperation, (a) provide a draft of the report to the Indigenous governing entity, (b) give the Indigenous governing entity an opportunity to provide comments on the draft to the director, and (c) consider any comments received from the Indigenous governing entity. (3) When an annual report or a report referred to in section 10 (2) (d) is published, the director must provide written notice of publication to each Indigenous governing entity that received written notice under subsection (1) of this section. | BILL 13 – 2023, PAY TRANSPARENCY ACT: Pay information in Job postings 2 Unless exempted by regulation, an employer must, in an advertisement for a publicly advertised job opportunity, (a) specify either (i) the expected salary or wage for the job, or (ii) the expected salary or wage range for the job, subject to any prescribed limitations on the use of a range for this purpose, and (b) include any other prescribed information. Pay history information 3 An employer must not seek pay history information about an applicant for employment by any means, whether directly from the applicant or through a third party, unless the pay history information is publicly accessible. Pay Discussion 4 An employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or threaten to do so, because the employee (a) made inquiries to the employer about the employee's pay, (b) disclosed information about the employee's pay to another employee of the employer or to an individual who has applied for employment with the employer, (c) made inquiries to the employer about a pay transparency report or information contained in a pay transparency report, (d) asked the employer to comply with the employer's obligations under this Act, or (e) made a report to the director in relation to the employer's compliance with the employer's obligations under this Act. | |||||||||||||||||||||||
61 | Manitoba | The Pay Equity Act 6(1) In determining value for the purposes of this Act, the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed. 6(2) Where a public sector employer, in accordance with the procedures for negotiation hereinafter set out, adjusts its compensation practices so that female-dominated classes are assigned a schedule or grade of pay equal to the average or projected average schedule or grade of pay of male-dominated classes performing work of equal or comparable value, the employer shall be deemed to have complied with the obligation to implement pay equity. 7(1) No public sector employer shall reduce the wages of any employee in order to implement pay equity pursuant to this Act. 7(2) No public sector employer shall place any employee in a lower step of a schedule or grade of pay, which has been adjusted upward in order to implement pay equity. 7(3) Nothing in this Act requires any public sector employer to implement pay equity wage adjustments (a) in any 12 month period, in an amount in excess of 1% of the total payroll of the employer for the immediately preceding 12 month period; and (b) after the employer concerned has made such adjustments during 4 consecutive 12 month periods. 8(1) Subject to section 7 and subsection (2), commencing on October 1, 1985, the government shall take such action as may be necessary to implement pay equity throughout the civil service. 8(2) Throughout the process of implementation of pay equity referred to in subsection (1), the government shall (a) meet and confer with all of the bargaining agents having bargaining rights for employees in the civil service; (b) disclose to the bargaining agents affected, information in the possession or control of the government relevant to the implementation of pay equity; and (c) bargain in good faith with the bargaining agents affected, making every reasonable effort to reach agreement respecting the implementation of pay equity. 8(3) All of the bargaining agents referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the government respecting the implementation of pay equity. 13(1) Subject to section 7 and subsection (2), commencing on October 1, 1986, every Crown entity and every external agency named in Schedule A to this Act, shall take such action as may be necessary to implement pay equity throughout each such entity or agency. 13(2) Throughout the process of implementation of pay equity referred to in subsection (1), each such entity and agency shall (a) meet and confer with all of the bargaining agents with bargaining rights for employees in the entity or agency and with such employee representatives, if any, as may be elected in accordance with the procedures set out in the regulations; (b) disclose to the bargaining agents and employee representatives affected, information in its possession or control relevant to the implementation of pay equity; and (c) bargain in good faith with the bargaining agents and employee representatives affected, making every reasonable effort to reach agreement respecting the implementation of pay equity. 13(3) All of the bargaining agents and employee representatives referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the entity or agency affected respecting the implementation of pay equity. 19 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders not inconsistent with any other provision of this Act (a) further defining what constitutes a "male-dominated", and a "female-dominated" class in accordance with clause (c) of the definitions of those terms; (b) prescribing the content and format of (i) information, plans and reports required to be filed with the Bureau by any public sector employer, and (ii) [repealed] S.M. 2021, c. 11, s. 116; (c) designating external agencies under subsection 18(1) and specifying the dates referred to in subsection 18(3); (d) requiring a Crown entity or external agency to designate under subsection 17(1) any member, officer, or other person as a Pay Equity Officer for the entity or agency; (e) prescribing procedures (i) for the election of one or more employee representatives in a Crown entity or external agency, (ii) for the filing of a complaint with the board with respect thereto, and (iii) for the filing of a complaint with the board by the executive director under clause 5(3)(f), and specifying which provisions of The Labour Relations Act shall apply to enable the board to hear and determine any such complaints and to enforce its orders or decisions; and (f) designating 1 or more special panels of the board to hear and determine any matter referred to it under this Act. | |||||||||||||||||||||||||
62 | New Brunswick | Employment Standards Act Chap. E-7.2, Equal pay for equal work 37.1(1) No employer shall pay an employee of one sex at a different rate of pay from that which the employer pays to an employee of the other sex for work that (a) is performed in the same establishment, (b) is substantially the same in nature, (c) requires substantially the same skill, effort and responsibility, and (d) is performed under similar working conditions except where the payment is made pursuant to (e) a seniority system, (f) a merit system, (g) a system that measures earnings by quantity or quality of production, or (h) any other system or practice that is not otherwise unlawful. 37.1(2) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1). 37.1(3) No person shall attempt to influence an employer to violate subsection (1). | Pay Equity Act, 2009 Chap. P-5.05 2 In determining the value of work performed for the purposes of this Act, the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed. 4(1) This Act applies to employees employed in the Public Service. 4(2) This Act does not apply to an employer listed in Part IV of the Public Service if the employer has less than 10 employees. 5 This Act does not apply so as to prevent differences in pay between a female-dominated classification and a male-dominated classification if the employer is able to show that the difference is the result of (a) a formal seniority system that does not discriminate on the basis of gender, (b) a temporary employee training or development assignment that is equally available to female and male employees and that leads to career advancement for those involved in the program, (c) a merit pay plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender, (d) the personnel practice known as red-circling, where the value of a position has been downgraded and the pay of the incumbent employee has been frozen or the employee’s increases in pay have been curtailed until the pay for the downgraded position is equivalent to or greater than the pay payable to the incumbent, or (e) a skills shortage that is causing a temporary inflation in pay because the employer is encountering difficulties in recruiting or retaining employees with the requisite skills for positions in the job classification. Detailed Act here: https://laws.gnb.ca/en/ShowPdf/cs/P-5.05.pdf?_gl=1*12xiry5*_ga*MjAwNDE1ODUyLjE2ODgzOTAyMjE.*_ga_F531P4D0XX*MTY4ODM5MDIyMC4xLjAuMTY4ODM5MDIyMC4wLjAuMA.. | ||||||||||||||||||||||||
63 | Newfoundland and Labrador | SNL2022 CHAPTER P-3.02, PAY EQUITY AND PAY TRANSPARENCY ACT: Definitions 5. In this Part, (a) "employee" means a person who is employed in the public sector but does not include (i) a contractual employee, (ii) a student who is (A) employed under a program designated by the employer as a student employment program which combines practical experience with academic training, (B) employed by the educational institution the student is attending where the student performs work related to the student's area of study, or (C) employed during the student's vacation period, (iii) a person employed to make or conduct a temporary or special inquiry, investigation or examination, on behalf of the government or the House of Assembly; (iv) a justice or a judge of a court established under the Judicature Act , the Court of Appeal Act or the Provincial Court Act, 1991 , and (v) a member of the House of Assembly; and (b) "employer" means the public sector. 6. (1) This Part applies to all employees employed in the public sector with the exception of employees who are employed with a public body that has less than 10 employees. (2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by regulation, exempt an employee or class of employees from the application of this Part. 7. (1) An employer shall (a) establish pay equity in the public sector; and (b) take the action that is necessary to maintain, and where necessary implement, pay equity in the public sector. (2) The requirements in paragraph (1)(b) are satisfied where an employer establishes pay equity, regardless of whether pay equity was established before or after the coming into force of this Part. (3) An employer shall in accordance with the regulations prepare reports relating to pay equity and the actions taken under subsection (1) and submit the reports to the pay equity officer in the time periods prescribed in the regulations. 8. This Act does not apply so as to prevent differences in pay where the employer is able to show that the difference is the result of (a) a formal seniority system that does not discriminate on the basis of gender; (b) a merit system that does not discriminate on the basis of gender; (c) a temporary employee training or development assignment that is equally available to all employees and that leads to career advancement for employees involved in the program; (d) the personnel practice known as red-circling, where the value of a position has been downgraded and the pay of the incumbent employee has been frozen or the employee's increases in pay have been curtailed until the pay for the downgraded positon is equivalent to or greater than the pay payable to the incumbent; or (e) a skills shortage that is causing a temporary inflation in pay because the employer is encountering difficulties in recruiting and retaining employees with the requisite skills for positions in a job classification. | SNL2022 CHAPTER P-3.02, PAY EQUITY AND PAY TRANSPARENCY ACT: Public Employers: 7(3) An employer shall in accordance with the regulations prepare reports relating to pay equity and the actions taken under subsection (1) and submit the reports to the pay equity officer in the time periods prescribed in the regulations. Not Enforced: sections 11 to 15 come into force on a day or days to be proclaimed by the Lieutenant-Governor in Council. SNL2022 CHAPTER P-3.02, PAY EQUITY AND PAY TRANSPARENCY ACT: Pay transparency reports 13. (1) An employer or class of employers prescribed in the regulations shall collect the information prescribed in the regulations for the purposes of preparing a pay transparency report. (2) A pay transparency report shall (a) be submitted to the minister in the form, manner and time period set by the minister; (b) contain the information prescribed in the regulations; and (c) comply with any other requirements prescribed in the regulations. (3) An employer who is required to prepare a pay transparency report shall post it online or in at least one conspicuous place in every workplace of the employer where it is likely to come to the attention of employees in that workplace. (4) The minister shall publish, or otherwise make available to the public, the pay transparency reports submitted under subsection (2). | Not Enforced: sections 11 to 15 come into force on a day or days to be proclaimed by the Lieutenant-Governor in Council. SNL2022 CHAPTER P-3.02, PAY EQUITY AND PAY TRANSPARENCY ACT: Pay history information 11. (1) An employer shall not seek pay history information about an applicant by any means, whether personally or through an agent. (2) Nothing in this section prohibits (a) an applicant from voluntarily and without prompting disclosing pay history information to an employer or an employer's agent; or (b) an employer from seeking information about the ranges of pay or aggregate pay provided for positions comparable to the position for which the applicant is applying. (3) Where an applicant has made a disclosure of the pay history information referred to in paragraph (2)(a) or the employer has obtained the information referred to in paragraph (2)(b), nothing in this section prohibits the employer from considering or relying on the information in determining the pay for the applicant. (4) This section does not apply to pay history information that is publicly available. Pay information in Job postings 12. An employer who publishes a publicly advertised job posting shall include the following information in the posting: (a) the expected pay for the position; or (b) the range of expected pay for the position. Pay Discussion 14. An employer or a person acting on behalf of an employer shall not intimidate, dismiss or otherwise penalize an employee or applicant or threaten to do so because the employee or applicant has (a) made inquiries to the employer about the employee's or applicant's pay; (b) made inquiries or requested information relating to the employer's pay policies; (c) disclosed the employee's or applicant's pay to another employee or applicant; (d) provided information about the employer's compliance or non-compliance with the requirements of this Part to the director; or (e) asked the employer to comply with this Part. | |||||||||||||||||||||||
64 | Nova Scotia | Labour Standards Code CHAPTER 246 OF THE REVISED STATUTES, 1989 as amended 57 (1) In this Section and Section 58, (a) “substantially the same work” means substantially the same work performed in the same establishment, the performance of which requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions; (b) “gender”, with respect to an employee, includes (i) a female employee, (ii) a male employee, and (iii) an employee who does not identify exclusively, or at all, with the gender binary of female and male. (1A) Subject to subsection (2), with respect to employees who perform substantially the same work, an employer and any person acting on the employer’s behalf shall not (a) pay an employee of any gender a different rate of wages from an employee of the employer of any other gender; or (b) pay an employee who possesses a characteristic prescribed in the regulations a different rate of wages from any other employee of the employer who does not possess the characteristic. (2) Where an employer or person acting on the employer’s behalf establishes that a different rate of wages is justified based on payment in accordance with (a) a seniority system; (b) a merit system; (c) a system that measures wages by quantity or quality of production; or (d) another differential based on a factor other than gender or a characteristic prescribed by the regulations.[,] a difference in the rate of wages between any two employees who are performing substantially the same work based on any of the factors referred to in clauses (a) to (d) does not constitute a failure to comply with this Section. (3) No employer shall reduce the rate of wages of an employee in order to comply with this Section. (4) Every employer shall post and keep posted, in a conspicuous place in the employer’s establishment, a copy of this Section so that all employees may have ready access to and see the same. | Labour Standards Code CHAPTER 246 OF THE REVISED STATUTES, 1989 as amended Pay history information 57A (1) A prospective employer shall not (a) request that a prospective employee provide the prospective employee’s wage history; (b) request that a prospective employee’s current or former employer provide the prospective employee’s wage history; or (c) require that a prospective employee’s wage history meet any criteria, including maximum or minimum levels, set by the prospective employer. (2) Notwithstanding subsection (1), a prospective employer may confirm a prospective employee’s wage history if the prospective employee (a) voluntarily discloses the prospective employee’s wage history to the prospective employer; (b) provides written authorization to the prospective employer to obtain the confirmation; and (c) acknowledges in the written authorization that the prospective employee has determined that it is beneficial to the prospective employee to disclose the prospective employee’s wage history to the prospective employer. Pay Discussion 57B (1) Subject to subsection (2), no employer shall prohibit, as a condition of employment, an employee from discussing or disclosing information within the workplace about the employee’s wages or the wages of another employee. (2) An employer or an employee whose job functions relate directly to the employer’s finances or human resources may not disclose information relating to the wage of any employee of the employer unless (a) the employee provides written authorization for the release of that employee’s wage information; (b) the wage information is a matter of public record; (c) the disclosure is within the course of the job functions of the employer or a finance or human resources employee of the employer; or (d) the wage information is required to be disclosed by law. | ||||||||||||||||||||||||
65 | Ontario | Human Rights Code, R.S.O. 1990, CHAPTER H.19 5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. (2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. 23 (1) The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. (2) The right under section 5 to equal treatment with respect to employment is infringed where a form of application for employment is used or a written or oral inquiry is made of an applicant that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. (3) Nothing in subsection (2) precludes the asking of questions at a personal employment interview concerning a prohibited ground of discrimination where discrimination on such ground is permitted under this Act. (4) The right under section 5 to equal treatment with respect to employment is infringed where an employment agency discriminates against a person because of a prohibited ground of discrimination in receiving, classifying, disposing of or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or agent of an employer. 24 (1) The right under section 5 to equal treatment with respect to employment is not infringed where, (a) a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by their race, ancestry, place of origin, colour, ethnic origin, creed, sex, age, marital status or disability employs only, or gives preference in employment to, persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment; (b) the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment; (c) an individual person refuses to employ another for reasons of any prohibited ground of discrimination in section 5, where the primary duty of the employment is attending to the medical or personal needs of the person or of an ill child or an aged, infirm or ill spouse or other relative of the person; (d) an employer grants or withholds employment or advancement in employment to a person who is the spouse, child or parent of the employer or an employee; (e) a judge is required to retire or cease to continue in office on reaching a specified age under the Courts of Justice Act; (f) an associate judge is required to retire on reaching a specified age under the Courts of Justice Act; (g) the term of reappointment of an associate judge expires on the associate judge reaching a specified age under the Courts of Justice Act; or (h) a justice of the peace is required to retire on reaching a specified age under the Justices of the Peace Act. | Pay Equity Act, R.S.O. 1990, CHAPTER P.7, https://www.ontario.ca/laws/statute/90p07 3 (1) This Act applies to all employers in the private sector in Ontario who employ ten or more employees, all employers in the public sector, the employees of employers to whom this Act applies and to their bargaining agents, if any. 5 (1) For the purposes of this Act, the criterion to be applied in determining value of work shall be a composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which it is normally performed. (2) The fact that an employee’s needs have been accommodated for the purpose of complying with the Human Rights Code shall not be considered in determining the value of work performed. 5.1 (1) For the purposes of this Act, pay equity is achieved in an establishment when every female job class in the establishment has been compared to a job class or job classes under the job-to-job method of comparison or the proportional value method of comparison and any adjustment to the job rate of each female job class that is indicated by the comparison has been made. (2) A pay equity plan that used the proportional value method of comparison shall be deemed to have complied with section 6, as it reads immediately before this section comes into force, (a) from the date on which the plan is posted if it is posted before Part III.1 comes into force by an employer to whom Part II applies; or (b) from the date on which the plan is prepared if it is prepared before Part III.1 comes into force by an employer to whom Part III applies. 6 (1) For the purposes of this Act, pay equity is achieved under the job-to-job method of comparison when the job rate for the female job class that is the subject of the comparison is at least equal to the job rate for a male job class in the same establishment where the work performed in the two job classes is of equal or comparable value. (2) Where there is no male job class with which to make a comparison for the purposes of subsection (1), pay equity is achieved when the job rate for the female job class that is the subject of the comparison is at least equal to the job rate of a male job class in the same establishment that at the time of comparison had a higher job rate but performs work of lower value than the female job class. (3) If more than one comparison is possible between a female job class in an establishment and male job classes in the same establishment, pay equity is achieved when the job rate for the female job class is at least as great as the job rate for the male job class, (a) with the lowest job rate, if the work performed in both job classes is of equal or comparable value; or (b) with the highest job rate, if the work performed in the male job class is of less value. (4) Comparisons under the job-to-job method of comparison, (a) for job classes inside a bargaining unit, shall be made between job classes in the bargaining unit; and (b) for job classes outside any bargaining unit, shall be made between job classes that are outside any bargaining unit. (5) If, after applying subsection (4), no male job class is found in which the work performed is of equal or comparable value to that of the female job class that is the subject of the comparison, the female job class shall be compared to male job classes throughout the establishment. (6) An employer may treat job classes that are arranged in a group of jobs as one female job class if 60 per cent or more of the employees in the group are female. (7) An employer shall treat job classes that are arranged in a group of jobs as one female job class if a review officer or the Hearings Tribunal decides that the group should be treated as one female job class. (8) An employer may, with the agreement of the bargaining agent, if any, for the employees of the employer, decide to treat job classes that are arranged in a group of jobs as one female job class. (9) Where a group of jobs is being treated as a female job class, the job rate of the individual job class within the group that has the greatest number of employees is the job rate for the group and the value of the work performed by that individual job class is the value of the work performed by the group. 7 (1) Every employer shall establish and maintain compensation practices that provide for pay equity in every establishment of the employer. (2) No employer or bargaining agent shall bargain for or agree to compensation practices that, if adopted, would cause a contravention of subsection (1). 7.1 (1) Every employer to whom Part III applies and any other employer who is directed to do so by the Pay Equity Office shall post in the employer’s workplace a notice setting out, (a) the employer’s obligation to establish and maintain compensation practices that provide for pay equity; and (b) the manner in which an employee may file a complaint or objection under this Act. 8 (1) This Act does not apply so as to prevent differences in compensation between a female job class and a male job class if the employer is able to show that the difference is the result of, (a) a formal seniority system that does not discriminate on the basis of gender; (b) a temporary employee training or development assignment that is equally available to male and female employees and that leads to career advancement for those involved in the program; (c) a merit compensation plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender; (d) the personnel practice known as red-circling, where, based on a gender-neutral re-evaluation process, the value of a position has been down-graded and the compensation of the incumbent employee has been frozen or his or her increases in compensation have been curtailed until the compensation for the down-graded position is equivalent to or greater than the compensation payable to the incumbent; or (e) a skills shortage that is causing a temporary inflation in compensation because the employer is encountering difficulties in recruiting employees with the requisite skills for positions in the job class. (2) After pay equity has been achieved in an establishment, this Act does not apply so as to prevent differences in compensation between a female job class and a male job class if the employer is able to show that the difference is the result of differences in bargaining strength. (3) A position that an employer designates as a position that provides employment on a casual basis may be excluded in determining whether a job class is a female job class or a male job class and need not be included in compensation adjustments under a pay equity plan. (4) A position shall not be designated under subsection (3) if, (a) the work is performed for at least one-third of the normal work period that applies to similar full-time work; (b) the work is performed on a seasonal basis in the same position for the same employer; or (c) the work is performed on a regular and continuing basis, although for less than one-third of the normal work period that applies to similar full-time work. (5) The requirement that an employer maintain pay equity for a female job class is subject to such limitations as may be prescribed in the regulations. 9 (1) An employer shall not reduce the compensation payable to any employee or reduce the rate of compensation for any position in order to achieve pay equity. (2) No employer, employee or bargaining agent and no one acting on behalf of an employer, employee or bargaining agent shall intimidate, coerce or penalize, or discriminate against, a person, (a) because the person may participate, or is participating, in a proceeding under this Act; (b) because the person has made, or may make, a disclosure required in a proceeding under this Act; (c) because the person is exercising, or may exercise, any right under this Act; or (d) because the person has acted or may act in compliance with this Act, the regulations or an order made under this Act or has sought or may seek the enforcement of this Act, the regulations or an order made under this Act. (3) Where, to achieve pay equity, it is necessary to increase the rate of compensation for a job class, all positions in the job class shall receive the same adjustment in dollar terms. 10 In this Part, “mandatory posting date” means, (a) the second anniversary of the effective date, in respect of employers in the public sector and in respect of employers in the private sector who have at least 500 employees on the effective date, (b) the third anniversary of the effective date, in respect of employers in the private sector who have at least 100 but fewer than 500 employees on the effective date, (c) the fourth anniversary of the effective date, in respect of employers in the private sector who have at least fifty but fewer than 100 employees on the effective date and who have posted a notice under section 20, and (d) the fifth anniversary of the effective date, in respect of employers in the private sector who have at least ten but fewer than fifty employees on the effective date and who have posted a notice under section 20. 11 (1) This Part applies to all employers in the public sector, all employers in the private sector who, on the effective date, employ 100 or more employees and those employers in the private sector who post a notice under section 20. (2) This Part does not apply to an employer who does not have employees on the effective date. 12 Before the mandatory posting date, every employer to whom this Part applies shall, using a gender-neutral comparison system, compare the female job classes in each establishment of the employer with the male job classes in the same establishment to determine whether pay equity exists for each female job class. 13 (1) Documents, to be known as pay equity plans, shall be prepared in accordance with this Part to provide for pay equity for the female job classes in each establishment of every employer to whom this Part applies and, without restricting the generality of the foregoing, (a) shall identify the establishment to which the plan applies; and (b) shall identify all job classes which formed the basis of the comparisons under section 12. (2) If both female job classes and male job classes exist in an establishment, every pay equity plan for the establishment, (a) shall describe the gender-neutral comparison system used for the purposes of section 12; (b) shall set out the results of the comparisons carried out under section 12; (c) shall identify all positions and job classes in which differences in compensation are permitted by subsection 8 (1) or (3) and give the reasons for relying on such subsection; (d) shall, with respect to all female job classes for which pay equity does not exist according to the comparisons under section 12, describe how the compensation in those job classes will be adjusted to achieve pay equity; and (e) shall set out the date on which the first adjustments in compensation will be made under the plan, which date shall not be later than, (i) the second anniversary of the effective date, in respect of employers in the public sector, (ii) the third anniversary of the effective date, in respect of employers in the private sector who have at least 500 employees on the effective date, (iii) the fourth anniversary of the effective date, in respect of employers in the private sector who have at least 100 but fewer than 500 employees on the effective date, (iv) the fifth anniversary of the effective date, in respect of employers in the private sector who have at least fifty but fewer than 100 employees on the effective date and who have posted a notice under section 20, and (v) the sixth anniversary of the effective date, in respect of employers in the private sector who have at least ten but fewer than fifty employees on the effective date and who have posted a notice under section 20. (3) A pay equity plan shall provide that the female job class or classes that have, at any time during the implementation of the plan, the lowest job rate shall receive increases in rates of compensation under the plan that are greater than the increases under the plan for other female job classes until such time as the job rate for the female job class or classes receiving the greater increases is equal to the lesser of, (a) the job rate required to achieve pay equity; and (b) the job rate of the female job class or classes entitled to receive an adjustment under the plan with the next lowest job rate. (4) The first adjustments in compensation under a pay equity plan are payable as of the date provided for in clause (2) (e) and shall be such that the combined compensation payable under all pay equity plans of the employer during the twelve-month period following the first adjustments shall be increased by an amount that is not less than the lesser of, (a) 1 per cent of the employer’s payroll during the twelve-month period preceding the first adjustments; and (b) the amount required to achieve pay equity. (5) Adjustments shall be made in compensation under a pay equity plan on each anniversary of the first adjustments in compensation under the plan and shall be such that during the twelve-month period following each anniversary the combined compensation payable under all pay equity plans of the employer shall be increased by an amount that is not less than the lesser of, (a) 1 per cent of the employer’s payroll during the twelve-month period preceding the anniversary; and (b) the amount required to achieve pay equity. (6) Except for the purpose of making retroactive adjustments in compensation under a pay equity plan or unless required to do so by an order described in clause 36 (g), nothing in this Act requires an employer to increase compensation payable under the pay equity plans of the employer during a twelve-month period in an amount greater than 1 per cent of the employer’s payroll during the preceding twelve-month period. R.S.O. 1990, c. P.7, s. 13 (1-6). (7) Despite subsection (6), pay equity plans in the public sector shall provide for adjustments in compensation such that the plan will be fully implemented not later than the 1st day of January, 1998. (7.1) Subsections (7.2) and (7.3) apply with respect to an employer in the public sector who has set out in a pay equity plan that was posted or in another agreement that was made before this subsection comes into force a schedule of compensation adjustments for achieving pay equity. (7.2) If the employees to whom the plan or agreement applies are represented by a bargaining agent, the employer is not bound by the schedule set out in it if the employer gives written notice to the bargaining agent that the employer wishes to enter into negotiations concerning a replacement schedule. (7.3) The employer is not bound by the schedule set out in the plan or agreement if the employees to whom it applies are not represented by a bargaining agent. 1993, c. 4, s. 7 (1). (8) In this section, “payroll” means the total of all wages and salaries payable to the employees in Ontario of the employer. (9) A pay equity plan that is approved under this Part binds the employer and the employees to whom the plan applies and their bargaining agent, if any. (10) A pay equity plan that is approved under this Part prevails over all relevant collective agreements and the adjustments to rates of compensation required by the plan shall be deemed to be incorporated into and form part of the relevant collective agreements. (11) Every employer who prepares and implements a pay equity plan under this Part shall be deemed not to be in contravention of subsection 7 (1) with respect to those employees covered by the plan or plans that apply to the employees but only with respect to those compensation practices that existed immediately before the effective date. R.S.O. 1990, c. P.7, s. 13 (8-11). (12) If a pay equity plan is amended under section 14.1 or 14.2, subsections (9), (10) and (11) apply, with necessary modifications, to the amended plan. | Pay Transparency Act, 2018 THIS ACT IS NOT YET IN FORCE https://www.ontario.ca/laws/statute/18p05 | |||||||||||||||||||||||
66 | Prince Edward Island | 6. Discrimination in employment prohibited (1) No person shall refuse to employ or to continue to employ any individual(a) on a discriminatory basis, including discrimination in any term or condition of employment; or (b) because the individual has been convicted of a criminal or summary conviction offence that is unrelated to the employment or intended employment of the individual. (2) No employment agency shall accept an inquiry in connection with employment from any employer or prospective employee that directly or indirectly expresses any limitation, specification or preference or invites information that is discriminatory and no employment agency shall discriminate against any individual. 7. Discrimination in pay prohibited (1) No employer or person acting on behalf of an employer shall discriminate between his employees by paying one employee at a rate of pay less than the rate of pay paid to another employee employed by him for substantially the same work, the performance of which requires equal education, skill, experience, effort, and responsibility and which is performed under similar working conditions, except where the payments are made pursuant to (a) a seniority system; (b) a merit system; or (c) a system that measures earnings by quantity or quality of production or performance, but where the systems referred to in clauses (a) to (c) are based on discrimination, the exemptions do not apply. (2) No employer or person acting on his behalf shall reduce the rate of pay of an employee in order to comply with subsection (1). | PAY EQUITY ACT (Public Employers) 2. Object (1) The object of this Act is to achieve pay equity by redressing systemic gender discrimination in wages paid for work performed by employees in female-dominated classes in the public sector. (2) Systemic gender discrimination in wages shall be identified by undertaking comparisons between female-dominated classes and male-dominated classes in terms of relative wages and the relative value of the work performed. (3) For the purpose of this Act it is a discriminatory practice for an employer to establish differences in wages between employees in male-dominated classes and employees in female-dominated classes who are performing work of equal or comparable value. (4) In determining if a class is a female-dominated class or a male-dominated class regard shall be had to the historical incumbency of the class, gender stereotypes of fields of work and such other criteria as may be prescribed in the regulations. 3. Application This Act applies to public sector employers and employees. 4. Conflict (2)Nothing in this Act affects the principle of equal pay for equal work expressed in section 7 of the Human Rights Act R.S.P.E.I. 1988, Cap. H-12. 7. Determination of value (1) In determining value for the purposes of this Act, the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed. (2) Where a public sector employer, in accordance with the procedures for negotiation set out in section 13 adjusts its compensation practices so that female-dominated classes are assigned a schedule or range of pay equal to the average or projected average schedule or range of pay of male-dominated classes performing work of equal or comparable value, the employer shall be deemed to have complied with the obligation to implement pay equity. 8. Exclusions (1) For the purpose of implementing pay equity a difference in wages between a femaledominated class and a male-dominated class performing work of equal or comparable value is justified by (a) a formal performance appraisal system that has been brought to the attention of employees and does not discriminate on the basis of gender; (b) a formal seniority system that (i) provides that employees receive periodic increases in wages based on their length of service with the employer, and (ii) does not discriminate on the basis of gender; or (c) a skills shortage that is causing a temporary inflation in wages because the employer is encountering difficulties in recruiting employees with the requisite skills for positions in a particular class. (2) Where a public sector employer purports to justify a difference in wages on the basis of a skills shortage pursuant to clause (1)(c), the employer must establish to the satisfaction of the Commissioner that similar differences exist between the employees in the male-dominated class affected by the shortage and another male-dominated class performing work of equal or comparable value to that performed by the male-dominated class affected by the shortage. 9. No reduction of wages (1) No public sector employer shall reduce the wages of any employee in order to implement pay equity. (2) No public sector employer shall place any employee in a lower step of a schedule or range of pay that has been adjusted upward in order to implement pay equity. | EMPLOYMENT STANDARDS ACT 5.8 Pay history (1) No employer shall seek pay history information about an applicant by any means, whether personally or through an agent. Unprompted disclosure (2) Nothing in this section prohibits an applicant from voluntarily and without prompting disclosing pay history information to an employer or an employer’s agent. Comparable pay (3) Nothing in this section prohibits an employer from seeking information about the ranges of pay or aggregate pay provided for positions comparable to the position for which the applicant is applying. Use of information (4) Where an applicant has made a disclosure of pay history information described in subsection (2) or the employer has obtained information described in subsection (3), nothing in this section prohibits the employer from considering or relying on such information in determining pay for the applicant. Exception, public information (5) This section does not apply to pay history information that is publicly available. 2021,c.50,s.3. 5.9 Pay range information (1) In this section “publicly advertised job posting” means an external job posting for a specific job that an employer advertises to the general public in any manner, but for greater certainty does not include recruitment campaigns, general help wanted signs or positions that are only advertised to existing employees of the employer. Required information (2) Every employer who publishes a publicly advertised job posting shall include in the posting information about the expected pay for the position or the range of expected pay for the position. 2021,c.50,s.3. 5.10 Anti-reprisal No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so because the employee has (a) made inquiries to the employer about the employee’s pay, or made inquiries or requested information relating to the employer’s pay policies; (b) disclosed the employee’s pay to another employee; (c) given information about the employer’s compliance or non-compliance with the requirements of sections 5.8, 5.9 or this section to the Department; or (d) asked the employer to comply with sections 5.8, 5.9 or this section. 2021,c.50,s.3. | |||||||||||||||||||||||
67 | Quebec | chapter C-12, CHARTER OF HUMAN RIGHTS AND FREEDOMS 16. No one may practise discrimination in respect of the hiring, apprenticeship, duration of the probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal or conditions of employment of a person or in the establishment of categories or classes of employment. 17. No one may practise discrimination in respect of the admission, enjoyment of benefits, suspension or expulsion of a person to, of or from an association of employers or employees or any professional order or association of persons carrying on the same occupation. 18. No employment bureau may practise discrimination in respect of the reception, classification or processing of a job application or in any document intended for submitting an application to a prospective employer. 18.1. No one may, in an employment application form or employment interview, require a person to give information regarding any ground mentioned in section 10 unless the information is useful for the application of section 20 or the implementation of an affirmative action program in existence at the time of the application. 18.2. No one may dismiss, refuse to hire or otherwise penalize a person in his employment owing to the mere fact that he was convicted of a penal or criminal offence, if the offence was in no way connected with the employment or if the person has obtained a pardon for the offence. 19. Every employer must, without discrimination, grant equal salary or wages to the members of his personnel who perform equivalent work at the same place. A difference in salary or wages based on experience, seniority, years of service, merit, productivity or overtime is not considered discriminatory if such criteria are common to all members of the personnel. Adjustments in compensation and a pay equity plan are deemed not to discriminate on the basis of gender if they are established in accordance with the Pay Equity Act (chapter E-12.001). 20. A distinction, exclusion or preference based on the aptitudes or qualifications required for an employment, or justified by the charitable, philanthropic, religious, political or educational nature of a non-profit institution or of an institution devoted exclusively to the well-being of an ethnic group, is deemed non-discriminatory. | chapter E-12.001, PAY EQUITY ACT, https://www.legisquebec.gouv.qc.ca/en/document/cs/E-12.001 4. This Act applies to every employer whose enterprise employs 10 or more employees. The date from which the Act applies to an enterprise where the number of employees grows to 10 or more in the course of a given year is 1 January of the following year. The number of employees is computed in the manner set out in section 6. However, regardless of the number of employees, every employer shall submit a report on the implementation of this Act in his enterprise, in the cases and subject to the conditions prescribed by regulation of the Minister made after consultation with the Commission and the pay equity advisory committee. Anyone who causes work to be done by an employee is an employer. In this Act, unless the context indicates otherwise, “Commission” means the Commission des normes, de l’équité, de la santé et de la sécurité du travail. 8. Any natural person who undertakes to do work for remuneration under the direction or control of an employer is an employee, except (1) a student who works during the school year in an establishment chosen by an educational institution under a program recognized by the Ministère de l’Éducation, du Loisir et du Sport or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie which combines practical experience with academic training or a student who works in a field related to his field of study in the educational institution he is attending; (2) a student employed for his vacation period; (3) a trainee undergoing professional training recognized by law; (4) (paragraph repealed); (5) a person who, engages in an activity within the framework of an employment-assistance measure or program established under Title I of the Individual and Family Assistance Act (chapter A-13.1.1) and in respect of whom the provisions concerning the minimum wage in the Act respecting labour standards (chapter N-1.1) do not apply; (6) a senior management officer; (7) a police officer or a fire fighter. 9. This Act does not apply to an independent operator, that is, a natural person who does business for his own account, by himself or within a partnership, and has no employees. An independent operator who in the course of his business carries on activities for a person similar to or connected with those carried on in the enterprise of that person is considered an employee of that person, except (1) where he carries on the activities (a) simultaneously for several persons; (b) under a remunerated or unremunerated service exchange agreement with another independent operator carrying on similar activities; or (c) for several persons in turn and supplies the required equipment, and the work done for each person is of short duration; or (2) in the case of activities that are only intermittently required by the person who retains his services. 10. An employer whose enterprise employs 100 or more employees shall establish, in accordance with this Act, a pay equity plan applicable throughout his enterprise. The employer may, except as regards establishments covered by an agreement under the second paragraph of section 11, apply to the Commission for authorization to establish a separate plan applicable to one or more establishments, if it is warranted by regional disparities. 11. At the request of a certified association representing employees of the enterprise, the employer shall establish a pay equity plan applicable to those employees throughout the enterprise or one or more plans applicable to those employees in accordance with the authorization obtained under the second paragraph of section 10. As well, the employer and a certified association representing employees of the enterprise may agree to establish one or more separate plans applicable to those employees in one or more establishments of the enterprise that are not covered by an authorization under the second paragraph of section 10. Such an agreement may also be entered into between the employer and two or more certified associations. In either case, the employer may establish a separate plan applicable to the other employees. In the parapublic sector enterprise, however, there may be only one pay equity plan for all employees represented by certified associations. Two pay equity plans shall be established for employees of that enterprise who are not represented by certified associations: one applicable to colleges, school service centres and school boards, and the other, to institutions. 12. Two or more employers may develop a common procedure for the establishment of a pay equity plan applicable to each of their enterprises. The development of a common procedure requires the agreement of the pay equity committees of each of the enterprises. Each employer remains responsible for the establishment of the pay equity plan in his enterprise in accordance with the other requirements of this Act. 12.1. A group of employers may apply to the Commission for recognition as the employer of a single enterprise for the purposes of this Act. Before granting that recognition, the Commission shall verify that the enterprises concerned have a set of similar or common characteristics that will allow this Act to be carried out in a manner consistent with its objective. The Commission may, among other things, examine the activities of and the job classes and salary structures within those enterprises. When different time limits apply to the enterprises concerned, the Commission sets the time limit for completing a pay equity plan, determining compensation adjustments or conducting a pay equity audit in the single enterprise. The provisions of this Act relating to employers apply to a group of employers recognized as the employer of a single enterprise. The employers in the group remain responsible for paying the compensation adjustments in their respective enterprises. The compensation adjustments are payable as of the date applicable to each enterprise if it is different from that set by the Commission for the single enterprise. If a remedy is sought before the Commission, the prescription period for compensation adjustments that is set out in section 103.1 is extended by any additional time granted by the Commission. 13. In an enterprise where there are no predominantly male job classes, the pay equity plan shall be established in accordance with the regulations of the Commission. The pay equity plan of such an enterprise may also be established by using two or more predominantly male job classes in an enterprise with similar characteristics as comparators. The use of such job classes as comparators is subject to the approval of the Commission, unless the members of the pay equity committee have agreed to it or the pay equity plan is established jointly under section 32. Two or more employers may jointly seek such approval from the Commission. 14. At the Commission’s request, an employer shall post, in prominent places easily accessible to employees, or distribute to the employees, every information document concerning pay equity furnished to the employer by the Commission. A posting under this Act may be made using an information technology-based medium. 14.1. The employer shall keep the information relevant to a pay equity plan until the plan has been completed. In addition, the employer shall keep the information used to complete the plan and the content of all postings for a period of six years from the date of a posting under the second paragraph of section 76. Where, under Chapter VI, a complaint has been filed or an investigation is being conducted, the period is extended until a final decision has been rendered on the complaint or the investigation has been completed. 15. No employer, certified association or member of a pay equity committee may, in the establishment of a pay equity plan, act in bad faith or in an arbitrary or discriminatory manner or exhibit gross negligence with regard to employees in the enterprise. | ||||||||||||||||||||||||
68 | Saskatchewan | The Saskatchewan Human Rights Code, Chapter S-24.2 of the Statutes of Saskatchewan, 201: 16(1) No employer shall refuse to employ, refuse to continue to employ or otherwise discriminate against a person or class of persons with respect to employment, or a term or condition of employment, on the basis of a prohibited ground. (2) No employee shall discriminate against another employee on the basis of a prohibited ground. (3) No employment agency shall discriminate on the basis of a prohibited ground against a person or class of persons: (a) in receiving, classifying, disposing of or otherwise acting on applications for the agency’s services; or (b) in referring a person to an employer. (4) No employer, in the hiring or recruitment of persons for employment, shall use an employment agency that discriminates on the basis of a prohibited ground against a person or class of persons seeking employment. (5) No provision of this section relating to age prohibits the operation of any term or condition of: (a) a bona fide retirement, superannuation or pension plan; (b) a bona fide group or employee insurance plan; or (c) any bona fide scheme based on seniority. (6) Nothing in this section deprives a college established pursuant to an Act, a school, a board of education or the Conseil scolaire fransaskois of the right to employ persons of a particular religion or religious creed if religious instruction forms or may form the whole or part of the instruction or training provided by the college, school, board of education or Conseil scolaire fransaskois pursuant to The Education Act, 1995. (7) The provisions of this section relating to any discrimination, limitation, specification or preference for a position or employment based on sex, disability or age do not apply if sex, ability or age is a reasonable and bona fide occupational qualification and requirement for the position or employment. (8) This section does not prohibit an employer from refusing to employ or refusing to continue to employ a person on the basis of any prohibited ground if the employee is: (a) employed in a private home; or (b) living in the employer’s home. (9) The provisions of this section shall not be construed to prohibit distinctions in terms or conditions of employment if those distinctions are permitted by virtue of Part II of The Saskatchewan Employment Act or the regulations made pursuant to that Act | |||||||||||||||||||||||||
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