The Growing Trend in Pay Equity Laws Across the Nation

Recent events have turned a spotlight on equality across the nation. As a result, pay equity has been getting increased attention. We have seen strict state-specific pay equity laws put into place over the last few years. While pay equity has been federal law for quite some time, state laws are more enforceable. All of these states also mandate wage transparency by permitting individuals to discuss their wages freely. Below are the states who have enacted stricter pay equity laws as of December 2020, with many others expected to follow soon.

Protected Classes	Coverage	Type of Work to Compare	Circumstances in Which Pay May Differ
California
Sex, race, and ethnicity	All men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise	Substantially similar work, performed under similar working conditions, when viewed as a composite of skill, effort, and responsibility	A seniority system A merit system A system that measures earnings by quantity or quality of production A bona fide factor other than sex, race, or ethnicity (i.e., education, training, or experience)
Colorado
Sex or sex in combination with another protected status	All employers and employees	Substantially similar work, regardless of job title, based on a composite of skill, effort, and responsibility	Employer demonstrates each of the following: That the wage differential is based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, the geographic location where the work is performed, education, training or experience, or travel That each factor relied on is applied reasonably That each factor relied upon accounts for the entire wage rate differentia That the prior wage rate history was not relied on to justify a disparity in current wage rates
Connecticut
Sex	All employers and employees	Equal work in jobs that requires equal skill, effort, and responsibility, and is performed under similar working conditions	A seniority system A merit system A system measuring earnings by quantity or quality of production A differential system based upon a bona fide factor other than sex (i.e., education, training, or experience)
Delaware
Sex	All employers	Equal work in the same establishment that requires equal skill, effort, and responsibility, and is performed under similar working conditions	A seniority system A merit system A system measuring earnings by quantity or quality of production Any other factor other than sex
Hawaii
Sex	All employers and their agents	Equal work in jobs in the same establishment that require equal skill, effort, and responsibility, and are performed under similar working conditions	A seniority system A merit system A system that measures earnings by quantity or quality of production A bona fide occupational qualification A differential based on any other permissible factor other than sex.
Illinois
Sex and African-American employees	All employers and employees	The same or substantially similar work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions	A seniority system A merit system A system that measures earnings by quantity or quality of production A differential based on any other factor other than sex/race or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act Any other factor exception applies only when the factor: Is not based on or derived from a differential in compensation based on sex or another protected characteristic Is job-related with respect to the position and consistent with a business necessity Accounts for the differential
Maine
Sex	All employers	Comparable work in jobs with comparable requirements relating to skill, effort, and responsibility	Seniority systems Merit increase systems The difference in the shift or time of the day worked
Maryland
Sex and gender identity	All employers	Work of a comparable character performed in the same establishment or work performed in the same operation or business or of the same type	A merit system Different required abilities or skills Regular performance of different duties or services A difference in shifts or time of day worked A system that measures earnings by quantity or quality of production Geographic locations outside of the employee’s county A bona fide factor other than sex, such as education, training, or experience
Massachusetts
Sex	All employers	Comparable work that is substantially similar in that it requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions	A seniority system (not affected by a pregnancy, parental, or family leave) A merit system A system measuring earnings by quantity or quality of production, sales, or revenue Geographic location Education, training, or experience (reasonably related to the particular job in question) Travel that is a regular and necessary part of the job
New Jersey
Race Creed Color National origin, nationality, or ancestry Age Marital, civil union, or domestic partnership status Affectional or sexual orientation Genetic information Pregnancy Sex Gender identity or expression Disability Atypical hereditary, cellular, or blood trait	All employers	Substantially similar work when viewed as a composite of skill, effort, and responsibility	A seniority system A merit system A differential based on one or more legitimate, bona fide factors other than the characteristics of members of the protected class, such as training, education, or experience, or the quantity or quality of production
New York
Sex Age Race Creed Color National origin Sexual orientation Gender identity or expression Military status Disability Predisposing genetic characteristics Familial status Marital status Domestic violence victim status Interns	All Employers	Equal work on a job the performance of which requires equal skill, effort, and responsibility, and is performed under similar working conditions Or substantially similar work, when viewed as a composite of skill effort, and responsibility, and performed under similar working conditions	A seniority system A merit system A system that measures earnings by quantity or quality of production A bona fide factor other than protected class status, such as education, training, or experience
Oregon
Race Religion Color Sex Sexual orientation Veteran status Marital status Age National origin Disability	All employers	Work of comparable character that requires comparable skills	Seniority A merit system Quantity or quality of production (including piece-rate work) Workplace locations Travel, if necessary and regular Education Training Experience Any combination of the above factors if the combination accounts for the entire compensation differential An employer may pay employees for work of a comparable character at different compensation levels based on one or more of the bona fide factors (e.g., a seniority system, a merit system, workplace locations) that are contained in a collective bargaining agreement.
Washington
Sex and gender	All employers	Work for the same employer in jobs that require similar skill, effort, and responsibility, and are performed under similar working conditions	A differential in compensation based on bona fide job-related factors that: Are consistent with business necessity Are not based on or derived from a gender-based differential Account for the entire differential Bonafide factors may include: Education Training Experience A seniority system A merit system A system that measures earnings by quantity or quality of production A bona fide regional difference in compensation level

The Trend in Pay Equity Laws

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