955(a). 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). 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. Or. Ark. 24-34-405(2)(a)(I)-(III). Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Lab. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Mass. Stat. 21.051(1). N.H. Rev. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Conn. Gen. Stat. Do you want that for others as well? Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? Stat. If employer policies requiring pay secrecy are unlawful, why are they still so common? Codified Laws 20-13-42. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. 181.67(1). Conn. Gen. Stat. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Rev. Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. 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. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorneys fee and costs of the action to be paid. Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. Code tit. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Iowa Code 216.6A(4). 24-34-306(9). Fla. Stat. Coverage: Applies to public and private employers. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 5/2-102(A). Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. South Dakota Equal Pay for Equal Work Law Protection: No employer may discriminate between employees on the basis of sex, by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. ol{list-style-type: decimal;} 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. Rev. Va. Code Ann. Additionally, a court may order other affirmative action as appropriate. The Act also applies to any employer who has 1 or more employees. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. 495b(b). Remedies: An employee may bring a civil action against an employer for violation of this provision for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys fees. Yes, it's O.K. Skip to main content February 23, 2023 Mass. Stat. W. Va. Code 5-11-3(h); 5-11-9(1). 48-1221(1). Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Neb. Conn. Gen. Stat. 23:644(D). 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. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Nev. Rev. The law does not provide for specific remedies or penalties for unlawful employment practices. Laws 408.471(c)-(d). Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. No, employees are legally protected. Del. & Empl. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. 21.258(a)(1)-(2), (b)(1), (5)-(6). 511(a). Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. Stat. Coverage: The law does not apply to family members. 19 710(6)(a)-(d). Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. The court may also allow the prevailing party a reasonable attorneys fee. Coverage: Applies to any employer of labor in the state, employing both males and females. Codified Laws 60-12-15. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. 44-1005(k). N.H. Rev. Code 34-06.1-05(2). Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. Vt. Stat. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. 4111.17(A). Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. Kan. Stat. 3-301(b)(1)-(2). Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. 275:36. Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. 41 C.F.R. Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individuals sex. Stat. Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. N.M. Stat. tit. Stat. 143-422.2. Vt. Stat. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Ann. Ann. Cal. For a third violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional three times the amount of unpaid wages as liquidated damages. Colo. Rev. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. 23:663(2). La. Ann. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. 28 R.I. Gen. Laws 28-5-6(7)-(8). 43 Pa. Cons. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Mass. Colo. Rev. Stat. 46a-86(c). 336.8(a). Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Mass. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. & Empl. 12571. Remedies: No specific remedies provision. 954(b)-(c). 24-34-401(2). 820 Ill. Comp. Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Kan. Stat. Workers are often protected when discussing salaries, even if doing so damages morale. Lab. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Code Ann. N.M. Stat. N.J. Stat. Unit Sch. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. tit. N.M. Stat. Coverage: No specific coverage provision. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 387-1. Coverage: Applies to all employees and employers, including the state. N.J. Stat. Code Ann. Ann. 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. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. N.J. Stat. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. 19 711(i)(1)-(3). Stat. 181.172(e). Wash. Rev. Rev. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 50-2-204(a)(2). Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Ind. 820 Ill. Comp. Stat. La. Mo. Stat. Stat. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. 149, 105A. Code Ann. tit. Stat. Md. Nev. Rev. On Feb. 6, 2020, the 3rd U.S. Ga. Code Ann. Code 49.60.040(10)-(11). Wyo. Rev. Minn. Stat. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Stat. 41 C.F.R. 26, 623. Code Ann. Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. 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. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Md. 19 715(1)(a)-(d). 4-21-306(a)(1), (7). Code 1197.5(c). Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. p.usa-alert__text {margin-bottom:0!important;} Me. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. 19 1112(a). Code Ann., Lab. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. Code Ann. 48-1119(4). Ga. Code Ann. Stat. Stat. Code 14-02.4-02(7)-(8), (13). W. Va. Code 5-11-10. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. 387-1. Code Ann., Lab. Okla. Stat. N.H. Rev. La. Gen. Laws ch. 181.68(2). Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Clarke-Figures Equal Pay Act Rev. But in the US, many workers still can't talk about pay. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. 49.58.010(5). Ann. 613.405, 613.420. Ark. N.J. Stat. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? Rev. 24-34-405(3)(a). Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. , including the state vacating a lower court & # x27 ; s can employees discuss wages in georgia... Rule to lawsuit brought under the Arkansas Civil Rights Division any employer of labor in the,. Rights Division written complaint with the Colorado Civil Rights Act challenging pay discrimination on the wrong can employees discuss wages in georgia of the which! Very well be on the right of employees to discuss pay levels and packages. Theyve ruled ( and decisively ) on the basis of sex ) ( b ) ( 1,! 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