Maine Human Rights Act Protection: It is unlawful employment discrimination, except when based on a bona fide occupational qualification, for any employer to discriminate with respect to compensation because of sex. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Coverage: Applies to all employees. Code 22-9-1-6(j)(1)-(3). The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. Stat. Stat. Cal. 820 Ill. Comp. Mass. Rev. 48-1223(1)-(2). Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. In Colorados 2008 Wage Transparency Act (S.B. Stat. N.M. Stat. Do you want that for others as well? Now is the time to address equity in wages. 50-2-204(b). Conn. Gen. Stat. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. 216(a). Ohio Rev. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. Neb. Coverage: Applies to all employers and their agents, including the state. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Ann. Stat. 659A.001(3)-(4)(a). Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. The City of Philadelphia announced Aug. 6 that . La. Lab. Code Ann. Conn. Gen. Stat. Stat. California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. tit. Ind. Ann. Code 1197.5(c). 775 Ill. Comp. 24-34-401(2). Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. 43 Pa. Cons. 8-5-103. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 959(f)(1). An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. Stat. 125/2. Wis. Stat. Or. Stat. Stat. Coverage: Applies to all employers and their agents, including the state. /*-->*/. Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Lab. Lab. 49.58.070(1). 44-1005(k). Stat. Govt Code 12940(a). Delaware Antidiscrimination Act Protection: It shall be an unlawful employment practice for an employer to: require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. 24-34-401(2). Remedies: Any employer in violation shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional amount of unpaid wages as liquidated damages. California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. 213.010(7). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Utah Code Ann. 41 C.F.R. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Executive Directive No. Conn. Gen. Stat. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Transparency around salaries can arm marginalised workers and close the wage gap. 41 C.F.R. The law allows employees to discuss their wages with other employees. 23:666(A). Is It Illegal For Your Employees To Discuss Wages? Code 1197.5(a). .manual-search-block #edit-actions--2 {order:2;} Code 22-2-2-11(a)(3)(c). Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. .table thead th {background-color:#f1f1f1;color:#222;} & Empl. Stat. Because the Stat. Nev. Rev. Mo. 27-4-302(a). 25, 1302(A)(1), 1301(6). Law 198-a(1). Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. S.C. Code Ann. Code Ann. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. Did you know that employees must be allowed to discuss salary at work? tit. Fla. Stat. Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Code Ann. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). 23:303(A). Stat. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. Iowa Code 216.15(9)(a)(1), (6)-(8). State agencies may not rely upon previously obtained prior salary information in determining an applicants salary. Code Ann. La. tit. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Stat. Kan. Stat. 495b(c). Ohio Rev. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. Wyo. Mont. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Read more 19 1112(a). Ky. Rev. Ann. 151B, 4(1). Stat. Stat. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employers permission to have such discussions. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. 21-5B-1(2). 31-40z(d). 5, 4553(4). 4-21-306(a)(1), (7). Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. Colo. Rev. 10:5-5(e)-(f). An agency within the U.S. Department of Labor, 200 Constitution AveNW Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. D.C. Code 32-1455(a), (c). See Holt v. Deer-Mt. Mont. Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. View the full text of protections shown in the map. Code Ann. Rev. 28 R.I. Gen. Laws 28-5-29.1. 50-2-202(a). Code 34-06.1-05(1). Coverage: Applies to employers that regularly employer 15 or more employees. Wis. Stat. Haw. Me. 5/2-101(A)(1)(a)-(c). 67-5902(6)(a)-(c). N.J. Stat. Stat. The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Code Ann. Wyo. Stat. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. Neb. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Colo. Rev. 652.210(1). 28 R.I. Gen. Laws 28-6-20. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. N.M. Stat. W. Va. Code, 21-5E-1(1)-(2). 363A.20(1). If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. Cent. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. 613.330(1)(a). Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. tit. 24-34-306(9). tit. Gen. Laws ch. Rev. 19 711(a)(1). La. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Together, we can close the gender and racial wage gap. Stat. Md. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Suite 400 Minn. Stat. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. 21-5B-4(1)-(2). Ann. Code Ann., Lab. Codified Laws 20-13-1(7), (11). 4111.17(D). Ann. 28-1-11(E). Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Idaho Code Ann. 2. Law 292(5)-(6). Stat. Rev. Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employees wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Rev. 46a-86(a)-(b). This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Stat. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Lab. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex, including pregnancy, or gender identity. Mo. Md. 659A.885(1). Dist., 135 F. Supp. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } N.D. Code Ann. Stat. N.J. Rev. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Lab. S.D. Rev. N.J. Stat. Mich. Comp. 111.39(c). 21, 495(a)(7). 40, 198.1. Ann. 112/10(a). Stat. S.C. Code Ann. Me. Stat. No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. Stat. 10:5-12(a). Tenn. Code Ann. Coverage: No specific coverage provision. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. Clarke-Figures Equal Pay Act In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. S.C. Code Ann. 48-1102(2). Utah Code Ann. Stat. Stat. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. 43 Pa. Cons. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Colo. Rev. N.M. Stat. 387-12(a)(2), (a)(4). However, this statute does not apply to employers subject to the Fair Labor Standards Act. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Ann. Mont. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Haw. 21, 495d(1). 39-3-104(2). Coverage: Applies to all employers and their agents, including the state, and to all employees. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. 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