Mich. Comp. Ann. 2000e-2(a)(1). Codified Laws 20-13-1(7), (11). 23:666(A). Conn. Gen. Stat. .table thead th {background-color:#f1f1f1;color:#222;} Rev. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Utah Code Ann. Minn. Stat. D.C. Code. 19 709B(b)(1)-(2). Dist., 135 F. Supp. 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. Tex. Rev. Code 34-06.1-02(2)-(3). Cent. 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. 181.172(a)(1)-(3). Govt Code 12926(d). Per the NLRB, pay secrecy policies may violate the law. West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. N.J. Stat. N.Y. Exec. Employers legally may not discipline or terminate employees for discussing their pay at work. Ark. Executive Order No. 11-4-601(a). Stat. Coverage: Applies to all employees and employers, including the state. Rev. Va. Code Ann. The Act also applies to the state or any of its political subdivisions, including public bodies. Ky. Rev. Gen. Laws ch. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . 378-1. 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. Code Ann 11-4-611(a), (b)(1)(3). The NLRA allows workers to discuss topics, such as wages, that affect them at work. Code 1197.5(a). 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. Stat. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. Some employee handbooks explicitly forbid discussing salary at work. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Lab. Haw. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. 387-4. 40.1-28.6. Stat. Stat. Ohio Rev. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Ann. 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. Code 1197.5(1). Ky. Rev. Code Ann., Lab. Code Ann. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. Ann. Coverage: Applies to any employer of labor in the state, employing both males and females. 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 . 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. Ark. Coverage: Applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Minn. Stat. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. 27-9-103(n)(i)-(iv). Code 34-06.1-05(1). Okla. Stat. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 60-1.26(a)(2), (b)(1); 60-1.27. 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. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 112/30(c). Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Rev. Tenn. Code Ann. 1-13-90(d)(9). Ann. Stat. 111.39(c). Protection: 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. Lab. Gen. Laws ch. 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. Wis. Stat. Code Ann. Employers who maintain such policies either in writing or verbally . N.Y. Coverage: Applies to all employees and employers, including the state. The law does not provide for specific remedies or penalties for unlawful employment practices. Ann. 21.051(1). Coverage: Applies to public and private employers. The law allows employees to discuss their wages with other employees. W. Va. Code, 21-5E-1(1)-(2). Rev. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. La. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Stat. Ala. Code 25-1-30(b). If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Mo. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Utah Code Ann. 49-2-506(1)(a)-(c). Code Ann. Iowa Code 216.15(9)(a)(9)(a)-(b). 49.58.100(1)(a)-(b). Nev. Rev. Ark. Code 232(a)-(c). 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). Rev. Govt Code 12940(a). 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. Ann. tit. Check out our interactive section on the laws that are protected for Employee Rights. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. 378-2.3. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). Colo. Rev. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Lab. Codified Laws 60-12-15. Code Ann. Idaho Code Ann. Haw. Rev. 181.66(3). with GovDocs Employment Law News. & Empl. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Ala. Code 25-1-30(d). Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. 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. Stat. Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. Code 22-2-2-3. 24-34-405(3)(a). Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. 16-123-107(c)(2)(A). Fla. Stat. 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. 31-40z(d). Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). 613.310-613.435. The employees have spoken. 21, 495d(1). 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. Ark. Stat. Idaho Equal Pay Law Protection: No employer shall discriminate between or among employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays an employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. 378-5(a). Rev. Code Ann. ch. Workers are often protected when discussing salaries, even if doing so damages morale. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. & Empl. 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. 2000e-5(e)(1), (f)(1), (g)(1). New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. 3-308(d)(2)(i). 44-1702(1). However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Ga. Code Ann. Coverage: Applies to all employees and employers, including agents of employers. 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. Coverage: Applies to all employers, including the state, and all employees. Code Ann. Vt. Stat. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Stat. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Stat. Ann. Stat. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Code Ann. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay 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. 2019-10(1). 3-307(a)(1). Texas Equal Work, Equal Pay Law Protection: 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. Mass. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 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. N.J. Stat. Conn. Gen. Stat. N.Y. Exec. 110/1. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. 49.60.250(5). 613.320(1)(a)-(b). Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity 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. N.M. Stat. 31-75(a). Rev. Nev. Rev. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. Ann. La. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Neb. 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. & Empl. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. Rev. 18 709A(a)(4). Idaho Code Ann. tit. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 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