Updated on December 4, 2020 Read time: 26 mins

Pay Equity and State-by-State Laws

Compliance

When you’re managing payroll, it’s tough keeping track of—and maintain compliance with—federal, state and local law. This is certainly the case for pay equity laws, which differ between states, and even between cities and counties. The good news is, we’ve created this handy chart to help you get a quick view of each state’s laws.

2020 was a busy year (maybe the busiest in living memory for HR leaders) but several states—namely California, Colorado and Maryland—found time to update their pay equity legislation. This new information has been added to the below chart, and we’ll be sure to add any additional laws that arise in 2021.

State-by-State Pay Equity Laws

State	Law/Citation	Covered Employes	Provisions
Alabama	None	None	None
Alaska	Employment Discrimination Act Alaska Stat. Ann. § 18.80.220(a)(5).	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for work of comparable character or work of the same type in the same location.
Arizona	Equal Wages Ariz. Rev. Stat. Ann. § 23-340, 341	Private companies and Public employers	Requires employers to pay wage rates equal to the rates paid to the opposite sex. Employees must work in the same establishment and have the same work classification. They must also have the same skill, effort, responsibility and working conditions. Provides employer liability for damages.
Arkansas	Wage Discrimination Ark. Code Ann. § 11-4-601, et. seq.	Private companies and Public employers.	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for work of comparable character or work of the same type in the same location. Provides employer liability for damages.
California	Equal Pay Act Cal. Labor Code § 1197.5	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Retaliation against an employee who files a complaint is illegal. It’s also illegal for an employer to prohibit employees from talking about their or their co-workers’ wages. Provides a cause of action to sue for damages. Employers are prohibited from asking for an applicants’ salary history and are required to supply pay scales upon an applicant’s request. San Francisco has a city ordinance that further prohibits employers from disclosing a current or former employee’s salary information without their consent. From 2021, companies with 100+ employers will be required to report pay data by gender (and race).
Colorado	Equal Pay For Equal Work Act Colo. Rev. Stat. § 8-5-102, et. seq.	Private companies and Public employers	Employers are prohibited from paying an employee of a different sex less for “substantially similar” work. It is forbidden to ask about or rely on an applicant’s salary history, to restrict employees from discussing their salary, or to retaliate against an employee for failing to disclose their salary history. Provides employer liability for damages.
Connecticut	Discrimination in compensation on the basis of sex Conn. Gen. Stat. Ann. §31-75, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based solely on the sex of the employee. Employers can’t ask about an applicant's pay history, unless it was voluntarily offered. Provides employer liability for damages.
Delaware	Differential rate of pay based on gender prohibited 19 Del. Code Ann. § 1107(a), 1113	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Employers are prohibited from screening an applicant based on past compensation and can’t ask about salary history. They can confirm salary after an offer has been extended. Provides a cause of action to sue for damages.
District of Columbia	No equal pay law Employment discrimination law D.C. Code Ann. § 2-1402, et. seq.		Washington D.C. doesn’t have a specific equal pay law. They have a blanket employment discrimination law that prohibits wage discrimination based on protected class status.
Florida	Wage discrimination based on sex prohibited Fla. Stat. Ann. § 448.07	Private companies with 2+ employees	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages.
Georgia	Sex Discrimination in Employment Ga. Code Ann. § 34-5-3, et. seq.	Private companies with 10+ employees Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages. City agencies in Atlanta can’t ask for salary history on employment applications, in interviews or in employment screenings.
Hawaii	Equal pay; sex discrimination Haw. Rev. Stat. § 378-2.3, -5 Wage discrimination prohibited Haw. Rev. Stat. § 387-4	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages. Employers can’t ask about an applicant’s pay history, unless it was voluntarily offered. Employers can’t discriminate in the payment of wages between people of different race, religion or sex.
Idaho	Discriminatory Wage Rates Based on Sex Idaho Code § 44-1701, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages.
Illinois	Equal Wage Act 820 Ill. Comp. Stat. 110/1, et. seq. Equal Pay Act of 2003 820 Ill. Comp. Stat. 112/1, et. seq. Wages of Women and Minors Act 820 Ill. Comp. Stat. 125/0.01, et. seq. Ill. Executive Order 2019-02 Executive Order No. 2018-1 Reaffirmation of commitment to gender pay equality	Private companies with 6+ employees Private companies with 4+ employees Private companies with 4+ employees Public employers Public employers	Creates penalty for wage discrimination. Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides cause of action to sue for damages. Prohibits employing women and minors at an oppressive wage. Provides a cause of action to sue for damages. State offices can’t ask for salary history on employment applications, in interviews or in employment screenings. City of Chicago departments may not ask for applicants’ salary histories.
Indiana	Minimum Wags: Rates; Discrimination Ind. Code Ann. §22-2-2-4(d), et. seq.	Private companies with 2+ employees	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages.
Iowa	Compensation based on comparable worth Iowa Code Ann. § 70A.18 Wage discrimination in employment Iowa Code Ann. § 216.6A	Private companies and Public employers	Policy of wage non-discrimination between the sexes. Employers can’t pay lower wages to any employee who is employed within the same establishment for equal work because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. Provides cause of action to sue for damages.
Kansas	Discrimination in payment of wages Kan. Stat. Ann. 44-1205, et. seq.	Private companies and Public employers	EEmployers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides employer liability for damages.
Kentucky	Wage Discrimination Because of Sex Ky. Rev. Stat. § 337.420, et. seq. Ordinance No. 066, Series 2018	Private companies with 2+ employees Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides employer liability for damages. Louisville/Jefferson County Metro agencies are prohibited from asking about an applicant’s salary history.
Louisiana	Louisiana Equal Pay for Women Act La. Rev. Stat. Ann. § 23:661, et. seq. Employment discrimination law La. Rev. Stat. Ann. § 23:301, et. seq.	Public employers	Prohibits wage discrimination based on sex in state employment. Provides for employer liability for damages. Louisiana has an anti-discrimination law that includes prohibition of wage discrimination based on sex. New Orleans city agencies are prohibited from asking about an applicant’s salary history.
Maine	Equal Pay Me. Rev. Stat. Ann. Tit. 26 § 628 Sec. 1. 5 MRSA §4577	Private companies and Public employers	Employers can’t discriminate in the payment of wages between sexes or employ a woman at pay rate less than what a man gets for substantially similar work (skills, effort, responsibility, and similar working conditions.) Employers can’t ask about a prospective employee’s pay history until after a job offer has been negotiated.
Maryland	Equal Pay for Equal Work Md. Labor and Employment Code Ann. § 3-301, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) They’re also prohibited from providing less favorable employment opportunities based on sex or gender identity. Employers are prohibited from requesting or making a decision based on an applicant’s salary history. Employers are required—upon request— to provide employees with the wage range for the job applied for. Provides cause of action to sue for damages.
Massachusetts	Equal Pay Act Ann. Laws of Mass. Gen. Laws ch. 149, § 105A	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Retaliation against an employee who files a complaint is illegal. It’s also illegal for an employer to prohibit employees from talking about their or their co-workers’ wages. Employers are prohibited from asking for an applicants’ salary history. Provides for employer liability for damages.
Michigan	Unfair Discrimination, Restraint of Trade and Trusts Law Mich. Comp. Laws Ann. § 750.556 Workforce Opportunity Wage Act Mich. Comp. Laws Ann. § 408.423	Private companies and Public employers Private companies with 2+ employees	Any employer that discriminates in the payment of wages between similarly employed men and women can be found guilty of a misdemeanor. Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages. Employers are prohibited from asking for an applicants’ salary history.
Minnesota	Equal Pay for Equal Work Minn. Stat. Ann. § 181.66, et. seq.	Private companies	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides a cause of action to sue for damages.
Mississippi	None	None	None
Missouri	Female Employees Mo. Ann. Stat. § 290.410, et. seq. Resolution 180519	Private companies and Public employers Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides for employer liability for damages. Kansas City offices can’t ask applicants for pay history until they have been hired.
Montana	Equal pay for women for equivalent service Mont. Code Ann. 39-3-104	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.)
Nebraska	Sex Discrimination Neb. Rev. Stat. Ann. § 48-1221, et. seq.	Private companies with 15+ employees Public Employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.)
Nevada	Discrimination on basis of sex prohibited Nev. Rev. Stat. § 608.017	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.)
New Hampshire	Discrimination in the Workplace: Equal Pay N.H. Rev. Stat. Ann. § 275:37	Private companies and Public employers	Employers or potential employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides employer liability for damages.
New Jersey	Discrimination in Wages N.J. Stat. Ann. § 34:11-56.1, et. seq. Executive Order 1, 2018	Private companies and Public employers Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides cause of action to sue for damages. New Jersey agencies and offices can’t ask applicants for salary history or investigate the previous salary of an applicant.
New Mexico	Fair Pay for Women N.M. Stat. Ann. § 28-23-1, et. seq.	Private companies with 4+ employees	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides employer liability for damages.
New York	Differential in rate of pay because of sex prohibited N.Y. Labor Law §194, 198 Executive Order 161 Local Law 2017/067 Local Law No. P for 2016 Local Law No. 25 -2018 Local Law No. 10624-2018	Private companies Public employers Private companies Private companies Private companies Private companies	Private employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions.) Provides employer liability for damages. State agencies and departments (except the Port Authority of New York and New Jersey) 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, unless required by law or collective bargaining agreement. 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. Employers in Albany County can’t ask applicants for salary history until after a job offer is extended. Employers in Suffolk County can’t ask applicants for salary history or investigate the previous salary of an applicant. 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.
North Carolina	No equal pay law Employment discrimination law N.C. Gen. Stat. § 143-422.1 Executive Order No. 93	Private companies Public Employers	North Carolina has a general employment discrimination law. State agencies can’t ask applicants for salary history. If an applicant’s previous salary is already known, that information can’t be used to determine applicant’s salary.
North Dakota	Equal Pay for Men and Women N.D. Century Code, 34-06.1-01, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides for cause of action to sue for damages.
Ohio	Wage discrimination Ohio Rev. Code § 4111.17	Private companies and Public employers Private companies with 15+ employees and Public employers	Employers can’t discriminate in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages. Effective March 2020 (est.), employers located within the city of Cincinnati, excluding state and local governments (with the exception of the City of Cincinnati) are prohibited from asking for an applicants’ salary history and are required to supply pay scales upon an applicant’s request.
Oklahoma	Discriminatory Wages 40 Okla. Stat. Ann. § 198.1, et. seq.	Private companies	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions).
Oregon	Discriminatory wage rates based on sex Or. Rev. Stat. § 652.220, et. seq. Or. Rev. Stat. § 652.220, et. seq	Private companies and Public employers Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides right of action to sue for damages. Employers can’t ask applicants for salary history or use previous salary of an applicant to set pay.
Pennsylvania	Equal Pay Law Pa. Stat. Ann. tit. 43 § 336.1, et. seq. Executive Order: 2018-18-03 Pittsburgh Code of Ordinances, Title One: Administrative, Article XI: Personnel, Chapter 181: General Provisions, Section 181.13 Philadelphia Pay Equity Ordinance The Philadelphia Code § 9-1131	Private companies and Public employers Public employers Public employers All employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides cause of action to sue for damages. State agencies can’t ask applicants for salary history. All job postings must clearly disclose pay scale. Departments of the City of Pittsburgh can’t ask applicants for salary history. If an applicant’s previous salary is already known, that information can’t be used to determine applicant’s salary. Employers are prohibited from asking applicants about their current or prior salary history.
Rhode Island	Wage Discrimination Based on Sex R.I. Gen. Laws Ann. 1956, § 28-6-18, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides cause of action to sue for damages.
South Carolina	No equal pay law Employment discrimination law S.C. Code § 1-13-30.		South Carolina has a general employment discrimination law that includes a prohibition of wage discrimination based on protected class status.
South Dakota	Equal Pay for Equal Work S.D. Codified Laws § 60-12-15, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages.
Tennessee	Sex Discrimination Tenn. Code Ann. § 50-2-201, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages.
Texas	Equal Work, Equal Pay Tex. Lab. Code § 659.001, et. seq. Employment discrimination law Tex. Lab. Code § 21.001, et. seq.	Public employers	Prohibits wage discrimination based on sex in public employment only. Texas also has a general employment discrimination law prohibiting discrimination based on protected class status.
Utah	No equal pay law Employment discrimination law Utah Code Ann. § 34a-5-101, et. seq.		Utah has a general employment discrimination law prohibiting wage discrimination based on race, color, sex, retaliation, pregnancy, age, religion, national origin, disability, sexual orientation, or gender identity.
Vermont	Fair Employment Practices Act Vt. Stat. Ann. tit. 21 § 495(a)(7), 495(b) H. 294	Private companies and Public employers Private companies	Vermont has a section within its general employment discrimination act that prohibits wage discrimination based on sex. Provides a cause of action to sue for damages. Employers can’t ask applicants for salary history until after a job offer is extended
Virginia	Equal pay irrespective of sex Va. Code Ann. § 40.1-28.6	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides a cause of action to sue for damages.
Washington	Wage discrimination due to sex Wash. Rev. Code Ann. § 49.12.175	Private companies and Public employers	Any employer that discriminates in the payment of wages between similarly employed men and women can be found guilty of a misdemeanor. Provides a cause of action to sue for damages.
West Virginia	Equal Pay for Equal Work W. Va. Code, § 21-5B-1, et. seq. Equal Pay for Equal Work W. Va. Code, § 21-5E-1, et. seq.	Private companies Public employers	Prohibits wage discrimination for private employers. Provides a cause of action to sue for damages. Prohibits wage discrimination for public employers. Provides employer liability for damages.
Wisconsin	No equal pay law Employment discrimination law Wis. Stat. Ann. §111.31, et. seq.		Wisconsin has a general employment discrimination law prohibiting wage discrimination based on sex.
Wyoming	Equal Pay Wyo. Stat.1977 § 27-4-301, et. seq.	Private companies and Public employers	Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, and similar working conditions). Provides employer liability for damages.

Pay discrimination based on gender has been prohibited by federal law under Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963 (EPA), and under many state laws for decades. However, 42 states have now expanded on the federal Equal Pay Act to include legislation specific to safeguarding women (in addition to other protected classes [gender, race, etc.]) from wage discrimination. But, of course, not all states’ pay parity laws are created equal. That would be too easy. California, New York and Massachusetts have some of the most stringent equal pay laws in the country, but states such as Alabama, North Carolina and Florida have either no or very limited laws on the books. Basically, in each state that has a law governing the gender pay gap, equal pay for equal work is the general rule.

We read Payscale’s recent report, “The State of the Gender Pay Gap 2019” and here are our top four takeaways.

While pay disparities between the sexes are on the decline, there’s still an opportunity to close the gender wage gap.
The uncontrolled wage gap over time (median earnings of all women to all men) has shrunk by 5 cents since 2015. But, in 2019, a woman still only earns 79 cents for each dollar a man earns.
The controlled gender pay gap (same title, experience, industry and location with the single difference being sex) has only decreased by a paltry .008 cents since 2015.
In the controlled gender pay gap, women earn 98 cents for every dollar a man makes. Much better, of course, but still not equal.

When discussing the wage gap, it’s important to also take into consideration that, in the uncontrolled wage gap model, women of color are paid even less than white women: According to the U.S. Census Bureau:

Asian women are paid 94.6 cents to the dollar compared to the dollar paid to men.
Black women are paid only 70.6 cents to the dollar.
Hispanic women are paid 60.7 cents to the dollar.
Overall, Black, Hispanic, American Indian, and Hawaii and Alaska Native women take home 26% less than white men.
The uncontrolled pay gap between white women and white men is 80 cents on the dollar.

The controlled pay gap is somewhat more equal but is also different when compared by race.

Black women make 97 cents for every dollar a white man with the same qualifications makes.
The gap for Hispanic and white women is about the same, with both groups earning around 98 cents for every dollar a white man with the same credentials earns.

The Opportunity Gap

So, why is the uncontrolled wage gap so big? Mostly because women are less likely to hold high-level, high-paying jobs when compared to their male counterparts. Women also tend to climb the career ladder at a slower rate than men do.

Men and women almost equally enter the workforce as individual contributors and not as people managers. At the beginning of their careers (20-29), 74% of men and 75% of women work as individual contributors. But a much smaller number of women hit manager level or higher by the middle of their careers.

By the middle of their careers (30-44), 47% of men are working as managers (or even higher in the food chain), and only 40% of women are at the same level. 57% of men who are deep into their careers (age 45+), work as managers or higher, while only 41% of women do.

And forget the C-suite; few women make it that far. By late career, 8% of men hold a C-suite position versus just 3% of women.

The Sticky Salary History Question

You might be scratching your head wondering what in the heck salary history has to do with pay equity. The answer is: Quite a bit, actually. Several states and municipalities have already enacted laws prohibiting recruiters and hiring managers from asking the question. And it’s now reached the point that Congress is considering a nationwide ban on employers asking applicants for previous salaries. So, what’s the big deal about a job application requiring an applicant how much they’ve made at their former jobs? It’s not just an uncomfortable question and answer during an interview; it’s gender bias.

States that have enacted laws prohibiting the question are operating under the belief that a job’s pay should be based on the job’s value to the company and not the wages that a job candidate will accept based on their last salary. Again, you’re probably scratching your head. A new hire’s salary based on their previous salary history can limit career growth and perpetuates the pay gap between women and men.

Case in Point:

A woman and a man are competing for the same job. They held identical previous jobs, have the same information on their résumés, and bring equal education and experience to the table. In her past job, the woman had an annual salary of $35,000 and the man’s annual salary was $50,000 for the exact same work. The salary range the company is offering for the job is $44-52,000.

In this situation, the man would most probably have better negotiating leverage and would likely get an offer at the higher end of the salary range. Based on her previous salary, it’s highly probable that the woman’s offer would be at the bottom of the range. But if hiring managers had no idea of previous salaries and based negotiations solely on skills and experience, the woman would have a much better shot at landing a significantly higher salary.

Pay equity legislation is changing nearly every week, and states and municipalities are hustling to respond. So are folks in HR. If you have any questions about compliance with laws, ask us. Better yet, let our payroll and compliance experts handle everything for you. We’ll take care of the details so you can focus on your business and get your time back.

The information provided in our chart is for educational purposes only; it is not legal advice. Always check regulations to help ensure compliance.