| Alabama | Clarke Figures Equal Pay Act (CFEPA) | Employees of public or private employers of any size | Employers cannot legally pay an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility…under similar working conditions.” If there is a wage differential it can only be based on seniority, a defined merit system or a factor other than sex or race as specified. |
| Alaska | Employment Discrimination Act
Alaska Stat. Ann. § 18.80.220(a)(5) | Employees of any organization with at 1+ 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 work of comparable character or work of the same type in the same location. |
| Arizona | Equal Wages
Ariz. Rev. Stat. Ann. § 23-340, 341 | Everyone who is entitled to compensation for labor they perform for an employer | 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.
Employers are liable for damages if they violate this statute. |
| Arkansas | Wage Discrimination
Ark. Code Ann. § 11-4-601 | Anyone who works for an employer in the state | 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.
Employers are liable for damages. Every day they continue to violate this statute will be considered a separate offense. |
| California | Equal Pay Act
Cal. Labor Code § 1197.5 Parity in Pay Ordinance (applies to San Francisco) | Employees of all private employers, regardless of size | Employers can’t discriminate in the payment of wages of someone of the opposite sex, or of another race, or of another ethnicity 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.
Companies with 100+ employers are also required to report pay data by gender (and race). |
| Colorado | Equal Pay For Equal Work Act
Colo. Rev. Stat. § 8-5-102, et. seq. | Employees located in Colorado, including those in unions. The law does not include domestic service workers or employers who are exempt from the National Labor Relations Act. | 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.
Employers are liable for damages.
Employers must include information about compensation and available benefits on all internal and public-facing job postings. |
| Connecticut | Discrimination in compensation on the basis of sex
Conn. Gen. Stat. Ann. §31-75, et. seq. | Anyone employed by a public or private employer | Employers can’t discriminate in the payment of wages based solely on the sex of the employee for comparable work. Employers can’t ask about an applicant’s pay history.
Employers are liable for damages.
Employers must also provide job applicants with wage range information when the applicant requests it or at the time an offer is made. |
| Delaware | Differential rate of pay based on gender prohibited
19 Del. Code Ann. § 1107(a), 1113 | All regulations apply to private employers. Salary history provisions apply to both public and private 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 applicants based on past compensation and can’t ask about salary history. They can confirm salary after an offer has been extended.
Employers are liable for damages |
| District of Columbia |
No Equal Pay Law Employment discrimination law D.C. Code Ann. § 2-1402, et. seq. Wage Transparency Omnibus Amendment Act B25-0194 | n/a | Washington D.C. does not have a specific equal pay law. They do have a blanket employment discrimination law prohibiting wage discrimination based on protected class status. The Wage Transparency Omnibus Amendment Act, which goes into effect on June 30, 2024, requires all private employers to include pay ranges in job postings. |
| Florida | Wage discrimination based on sex prohibited
Fla. Stat. Ann. § 448.07 | Employers who work for by any person or company 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 (Georgia Equal Pay Act)
Ga. Code Ann. § 34-5-3, et. seq. | Employees working for public or private employers with 10+ 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.
The act requires that employers display a copy of the law in the workplace.
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 | Employees who work for private companies and their agents. These laws do NOT cover: employees who work for certain close family members (including but not limited to their brother, sister, parent, son, or daughter), employees whose minimum wage or maximum hours before overtime are determined by Hawaii law or the Fair Labor Standards Act, or certain roles excluded from the definition of the term “employee.” | 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 liable for damages.
Employers can’t ask about an applicant’s pay history.
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. | Employees of public or private companies | 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 liable 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.
Ill. Executive Order 2019-02
Reaffirmation of commitment to gender pay equality Illinois Equal Pay Act 2021 Amendment
| Equal Wage Act: Employees at manufacturing companies with 6+ employees
Equal Pay Act: Employees at private companies with 4+ employees
Executive Order 2019-02:
Employees of public companies, agencies, etc.
Employees of public employers
| Equal Wage Act: employers must pay workers equal pay for equal work. Equal Pay Act: employers may not pay unequal wages to men and women for doing substantially similar work, unless the wage difference is based upon seniority or a measurable merit system. Executive Order 2019-02: Public employers may not ask for salary history.
Employers are liable for damages. |
| Indiana | Labor and Safety
Ind. Code Ann. §22-2-2-4, et. seq.
| Employees at public and private organizations with 2+ employees. The law does NOT apply to workers at companies subject to the federal Fair Labor Standards Act . | 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 liable for damages. |
| Iowa | Compensation based on comparable worth
Iowa Code Ann. § 70A.18
Wage discrimination in employment
Iowa Code Ann. § 216.6A | Employees of public and private companies | 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. |
| Kansas | Discrimination in payment of wages
Kan. Stat. Ann. 44-1205, et. seq. | Employees of public and private companies | 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).
Prohibits retaliation. Employers are liable for damages. |
| Kentucky | Wage Discrimination Because of Sex
Ky. Rev. Stat. § 337.420, et. seq.
Ordinance No. 066, Series 2018
| Employees at public and private organizations with 2+ employees in the state, each employee for 20+ weeks of the current or previous calendar year | 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 liable 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. | Employees at public or private organizations with 20+ employees in the state for each working day in each of 20+ calendar weeks of the current or preceding calendar year | Prohibits wage discrimination based on sex in state employment. Employers are liable for damages
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 | Employees at public and private organizations | 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. | Employees at public or private organizations | 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.
Employers are liable for damages. |
| Massachusetts | Massachusetts Equal Pay Act
Ann. Laws of Mass. Gen. Laws ch. 149, § 105A | Employees of public or 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). 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 applicant’s salary history.
Employers are liable 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 | Employees of public and private organizations with 2+ employees, with some rare exceptions | 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).
Employers are liable for damages.
State and government employers are prohibited from asking for an applicants’ salary history. |
| Minnesota | Equal Pay for Equal Work
Minn. Stat. Ann. § 181.66, et. seq. | Employees of 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 | Equal Pay for Equal Work Miss. Code Title 71. Labor and Industry § 71-17-1, et. seq. | Employees who work 40+ hours/week at public or private organizations with 5+ employees | Employers can’t discriminate in the payment of wages based on sex or gender identity for substantially similar work (skills, effort, responsibility, education, similar working conditions). |
| Missouri | Female Employees
Mo. Ann. Stat. §290.410, et. seq.
Resolution 180519 | Employees who work for a person, firm, corporation, manager, agent, contractor, subcontractor, representative, principal or other person who has direct control of the employee’s labor | Employers can’t discriminate in the payment of wages based on sex or gender identity for the same quantity and quality of work.
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 | Employees who work for public or private organizations, or who are employed by individual people | Employers can’t pay women less than men for equivalent service in the same industry. |
| Nebraska | Sex Discrimination
Neb. Rev. Stat. Ann. § 48-1221, et. seq. | Employees at public or private companies with 2+ employees for each working day in each of 20+ calendar weeks of the current or previous calendar year | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified. |
| Nevada | Discrimination on basis of sex prohibited
Nev. Rev. Stat. § 608.017
SB293 | Employees who work for a private employer with 15+ employees for each working day in 20+ calendar weeks of the current or preceding calendar year. These regulations do not apply to employees who work for: the United States, any corporation owned by the United States, an Indian tribe, or a private membership club exempt from taxation. | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified. Employers may not seek out the salary history of job applicants. Employers must provide a salary range for open job postings. |
| New Hampshire | Discrimination in the Workplace: Equal Pay
N.H. Rev. Stat. Ann. § 275:37-41 | Employees for any employer, except workers who perform domestic service in the employer’s home, agricultural workers, temporary or seasonal employees, employees of a social club, educational, fraternal, charitable, religious, scientific, or literary associations. |
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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
Provides employer liability for damages.
Employees are allowed to disclose wages and cannot be discharged or disciplined because they disclose wages. |
| New Jersey | Discrimination in Wages
N.J. Stat. Ann. § 34:11-56.1, et. seq.
Executive Order 1, 2018 | Employers for public or private companies, including individual people and agents of employers
Employees of nonprofit organizations, farms, and hotels, are not covered by these regulations | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
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. | Anyone working for an employer with 4+ employees, or any person acting as an employer | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
Prohibits retaliation and 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
Omnibus Human Rights Law for Albany County
Local Law P for 2016
Local Law No. 25 -2018, Suffolk County, NY
Local Law No. 10624-2018, Westchester County, NY | NY. Labor Law §194, 198: Employees who work for any person, corporation, LLC, or association with any number of employees, in any industry. Executive Order 161: Employees of the state of New York
Omnibus Human Rights Law for Albany County: Employees in the city of New York
Omnibus Human Rights Law for Albany County: Employees in Albany County, NY, except those who work for their own parents, spouse, or child, or in domestic service for any employer
Local Law No. 25 -2018, Suffolk County, NY: Job seekers in any industry
Local Law No. 10624-2018, Westchester County, NY: Job seekers in any industry | NY. Labor Law §194, 198: 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.
Executive Order 161: 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.
Local Law 2017/067: 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.
Omnibus Human Rights Law for Albany County: Employers in Albany County can’t ask applicants for salary history until after a job offer is extended.
Local Law No. 25 -2018, Suffolk County, NY: Employers in Suffolk County can’t ask applicants for salary history or investigate the previous salary of an applicant.
Local Law No. 10624-2018, Westchester County, NY: 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 | Equal Pay Act of 1963
Executive Order No. 93 | Equal Pay Act of 1963: Employees in the state of North Carolina
Executive Order No. 93: Job applicants to state agencies | Equal Pay Act of 1963: 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). Executive Order No. 93: State agencies under the Governor’s oversight may not ask for salary history from job applicants. |
| North Dakota | Equal Pay for Men and Women
N.D. Century Code, 34-06.1-01, et. seq. | Employees of public or private organizations, including the state of North Dakota and any public bodies | 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).
Prohibits retaliation and provides for cause of action to sue for damages. |
| Ohio | Wage discrimination
Ohio Rev. Code § 4111.17 City of Cincinnati Ordinance No. 83-2019 City of Columbus Ordinance 0709-2023 Pay Equity Act: Chapter 768 of the Toledo Municipal Code | Wage discrimination
Ohio Rev. Code § 4111.17: Employees of any employer, including the state of Ohio and its subdivisions City of Cincinnati Ordinance No. 83-2019: Employers with 15+ employees City of Columbus Ordinance 0709-2023: Private employers with 15+ employees. Pay Equity Act: Any person, or private company with 15+ employees within the city of Toledo. The city of Toledo is included, while other public organizations are excluded. | 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.
City of Cincinnati Ordinance No. 83-2019: Effective March, 2020: employers in the city of Cincinnati with 15+ employees may not request the salary history of job seekers. Upon request, employers must provide a pay scale for positions for which applicant has received a conditional employment offer. City of Columbus Ordinance 0709-2023: Effective March 1, 2024, private employers with 15+ employees in the city of Columbus may not ask applicants about their salary history. Pay Equity Act: Toledo Effective June 25, 2020, covered employers may not ask job applicants for salary history. |
| Oklahoma | Discriminatory Wages
40 Okla. Stat. Ann. § 198.1, et. seq. | Employees of any employer | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
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| Oregon | Discriminatory wage rates based on sex
Or. Rev. Stat. § 652.220, et. seq.
| Employees (not business partners) who work for any public or private employer (except the federal government) with 1+ 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified. Employers may not consider an employee’s salary history during the transfer, promotion, or move of an employee within the same organization. |
| Pennsylvania | Equal Pay Law
Pa. Stat. Ann. tit. 43 § 336.1, et. seq.
Philadelphia Wage Equity Ordinance
The Philadelphia Code § 9-1131 | Equal Pay Law: Employees of any public or private employer, excluding employees who are subject to Section 6 of the Federal Fair Labor Standards Act Philadelphia Wage Equity Ordinance: Job applicants in the city of Philadelphia | Equal Pay Law: 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
Provides cause of action to sue for damages.
Philadelphia Wage Equity Ordinance: Employers in the city of Pittsburgh can’t ask applicants for salary history. |
| Rhode Island | Pay Equity Act H 5261A, S 0270A | Employees (not independent contractors or subcontractors) employed by any individual or public or private organization | Effective January 1, 2023, employers are prohibited from paying wages at a rate less than the rate it pays others based on race, color, religion, sex, sexual orientation, gender identity or expression, disability, age (40 or over), or country of ancestral origin (protected classes) for comparable work (skills, effort, responsibility, and similar working conditions).
Employers cannot request wage history from an applicant.
Employers must also provide the wage range of a position at the applicant’s request and also when an employee moves into a new position.
Employers are also required to post a notice with information about the Pay Equity Act in their workplaces. |
| South Carolina | Human Affairs Law (SC Code Sec. 1-13-80) | Employers of public or private organizations with 15+ employees for each working day in each of 20+ calendar weeks of the current or previous calendar year | 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). Employers are liable for damages. |
| South Dakota | Equal Pay Law SD Cod. Laws Sec. 60-12-15 et seq | Employees of any employer | 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).
Prohibits retaliation and provides employer liability for damages. |
| Tennessee | Equal Pay Act TN Code Sec. 50-2-202 Tennessee Human Rights Act (Fair Employment Practices Law) TN Code Sec. 4-21-101 et seq.) | Employees of public and private organizations with 8+ employees within the state | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified.
Employers are liable for damages. |
| Texas | Texas Equal Pay Act (TX Govt. Code Sec. 659.001)
Texas Human Rights Commission Act (TCHRA) (TX Labor Code Sec. 21.051 et seq.) | Texas Equal Pay Act: Public employees (State workers)
Texas Human Rights Commission Act: Employees of organizations with 15+ employees for each working day in 20+ calendar weeks of the current or previous year. | Women employed by the state of Texas must be paid the same as men performing the same kind, grade, and quantity of service. Employers may not make distinctions in compensation based on sex.
Texas Human Rights Commission Act: Employers are prohibited from discriminating on the basis of race, color, disability, religion, sex, national origin, or age, in connection with compensation or the terms, conditions, or privileges of employment. |
Utah
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Utah Antidiscrimination Act UT Code Sec. 34A-5-106 | Employees of organizations with 15+ employees | Employers may not “discriminate in matters of compensation” based on race, color, sex, pregnancy and childbirth, age (40 years and over), religion, national origin, disability, sexual orientation, or gender identity. |
| Vermont | Vermont Fair Employment Practices Act (FEPA) (VT Stat. Tit. 21 Sec. 495et seq.) | Employees of public or private organizations | Employers are prohibited to pay employees of different sexes different wages for equal work requiring equal skill, effort and responsibility.
Additionally, it is illegal to require employees to refrain from disclosing or discussing wages. Employers are prohibited from making employment conditional on an applicant’s or employee’s agreement not to disclose or discuss his or her wages. |
| Virginia | Virginia Equal Pay Act (VA Stat. Sec. 40.1-28.6 et seq.) | Employees of public and private organizations | Employers are prohibited to pay employees of different sexes different wages for equal work requiring equal skill, effort and responsibility. |
| Washington | Equal Pay and Opportunities Act (RCW 49.58) | Employees of public and private organizations | Employers are prohibited to pay employees of different sexes different wages for equal work requiring equal skill, effort and responsibility. Any employer who violates this law is guilty of a misdemeanor.
Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Retaliation is prohibited. |
| West Virginia | West Virginia Equal Pay Act WV Code Sec. 21-5B-1 et seq. | Employees (not business partners or independent contractors) of private organizations with 1+ employees. Employees must perform all labor for the employer within the state of West Virginia. | 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified. |
| Wisconsin |
Wisconsin Fair Employment Act (WI Stat. Sec. 111.31 et seq.)
*Not an Equal Pay act | Employees who work for the state, state agencies, or any individual or organization with 1+ employees. Employees who work for their parents, spouse, or child are not covered. | This act prohibits compensation discrimination against individuals on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, or use or nonuse of lawful products off the employers’ premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious or political matters.
Gender-based pay differentials are allowed only in circumstances where gender is a bona fide occupational qualification (BFOQ). The Act states that gender constitutes a BFOQ only if all of the members of one gender are physically incapable of performing the essential duties of the job, or if the employer’s business operation would be undermined by hiring employees of both genders for the position in question. |
| Wyoming |
Wyoming Equal Pay Law WY Stat. Sec. 27-4-301 et seq. | Employees of public or private employers, or people acting in the interest of 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). Wage differentials can only be based on seniority, a defined merit system or a factor other than sex as specified. |
