Written by Daniel Morgan
December 6, 2023
Equal pay laws affect organizations across the entire U.S. These equal pay laws are either on a nationwide or on a state level. That leads to the question:
Which states have equal pay laws enforced?
We will first look at the equal pay laws that apply to all organizations across the U.S. After this we will dive into 10 examples of equal pay laws that apply to individual states. Once we finish, you should have a good sense of what equal pay laws across various states look like.
By the end of 2022, 42 states across the U.S. have implemented equal pay laws, acts, or statutes for organizations to comply with. It is important to note though that there are equal pay laws that govern all 49 states and the District of Columbia. These are The Equal Pay Act of 1963 and Title VII of the Civil Rights Act.
As equal pay laws go, The Equal Pay Act of 1963 was the first to address gender pay discrimination. Employers aren’t allowed to discriminate between employees on the basis of sex under this act. This means that if a job requires equal skill, effort, and responsibility, all while under similar working conditions, wages should be the same for both sexes.
This is one of the equal pay laws that apply to all government agencies and employers who engage in commerce or who are employed in an enterprise that engages in commerce. If you wish to find out more about The Equal Pay Act of 1963.
This act prevents employers from discriminating against individuals due to their race, color, religion, sex, and national origin. It perceives discrimination if there is a differing treatment of individuals in terms of compensation, terms, conditions, or privileges of employment. Employers need to have at least 15 employees for this act to apply to them.
For further details about Title VII of the Civil Rights Act.
To get a snapshot of what equal pay laws look like across the U.S., let’s look at the situation in 10 different states.
Equal pay laws apply to Arizona in the form of. This requires private companies and public employers to pay wage rates equal between the sexes. For this to apply, employers need to be in the same work classification.
prevents employers from discriminating due to personal attributes such as sex, ethnicity, or race. As with equal pay laws in other states, this applies to employees in substantially similar roles and work conditions. This act also stops employers from intervening when their employees speak about their or their co-workers’ wages.
The prohibits employers from paying an employee of a different sex a lower wage for substantially similar work. As well as this, it prevents employers from asking about the salary history of applicants. Part 2 of this act goes further than some equal pay laws and encourages transparency from employers when posting compensation information in job postings.
In Delaware, the prohibits employers from having a differential rate of pay based on gender. Like other equal pay laws, this applies to roles they consider substantially similar. It also follows other States, such as Colorado, in preventing employers from asking about a candidate’s salary history.
The within Florida prohibit using sex as a factor for wage discrimination. This applies to private companies who have 2 or more employees. This applies to substantially similar work and if broken, employees have a cause of action to sue their employer for damages.
Maryland is one of the many States that have laws in place. If workers perform substantially similar work, sex or gender identity can’t be a determining factor in discrimination in their pay. The law also prohibits employers from providing less favorable employment opportunities because of the sex or gender identity of an individual.
Michigan has a couple of equal pay laws in place. These are and the. These laws ensure that employers can be found guilty of a misdemeanor if there is discrimination between the wages of men and women whom they employ in a similar role. As with other states, these equal pay laws prevent employers from asking for a job applicant’s salary history.
There are several equal pay laws in New York. From to §, of the N.Y. Labor Law, the equal pay laws aim to prevent discrimination of wages for substantially similar work based on sex or gender identity. New York also has other equal pay laws for areas within New York such as New York City and Westchester County.
The and the are the main equal pay laws for Texas. Women employed by the state of Texas need to be paid the same as men who perform the same kind of role as them. As well as this, employers can’t discriminate on the basis of sex, age, national origin, color, disability, or race in terms of both employment opportunities and compensation.
The affects both public and private employers. It is similar to other pay equity laws in other States as it prevents employers from paying employees differently due to their sex. This applies to jobs that require a worker to perform at an equal level of skill, effort, and responsibility.
At Salary.com, we strive to make pay equity a reality. As this is the case, we have put together a guide for you to look at the different equal pay laws that exist across different States. Find out which pay equity and pay transparency laws exist in your state today by following this link.
Download our white paper to further understand how organizations across the country are using market data, internal analytics, and strategic communication to establish an equitable pay structure.