Usa equal pay
Find extensive reference materials on equal pay laws in all states. Ensure your business adheres to the latest regulations, promoting equity and mitigating legal risks. Rely on TCWGlobal's expertise for effective implementation of equal pay standards.
State |
Equal Pay Law Protected Classes |
Type of Work Compared |
Permissible reasons for Pay Differences |
Salary History Inquiry Permitted? |
Statewide Salary Range Disclosure |
Local JDX Salary Range Disclosure Requirements |
Statewide Pay Reporting |
| Alabama | Sex, Race | Equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and which are performed under similar working conditions. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor than sex or race | While there is no outright ban, companies may not refuse to interview, hire, promote, or engage with an applicant for employment or retaliate against an applicant for employment because the applicant does not provide wage history. | No state law | No local provisions. | No pay reporting. |
| Alaska | Gender | Work of comparable character or work in the same operation, business, or type of work in the same locality. | It is a defense to a complaint of unlawful discrimination to establish by clear and convincing evidence that a distinction in employment is required by business necessity or the reasonable demands of the position. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Arizona | Gender | Same quantity and quality of the same classification of work in the same establishment. | Difference in seniority, length of service, ability, skill, difference in duties or services performed; difference in the shift or time of day worked, hours of work' or restrictions or prohibitions against lifting or moving objects in excess of specified weight, or other reasonable differentiation other than sex, when exercised in good faith. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Arkansas | Sex | Comparable work | if pursuant to seniority, experience, training, skill, ability, differences, in the shift or time of the day worked, or any other reasonable differentiation except difference in sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| California | Gender, Race, Ethnicity | Substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. | If based on seniority system, merit system, system that measures earnings by quantity or quality of production or bona fide factor other than protected category such as education, training, or experience. | No, unless offered voluntarily and without prompting, companies may not seek an applicant's salary history or rely on it to determine whether to offer an engagement or what salary to offer. | Companies must include pay scale on job postings and upon applicant and/or Worker's request. | No local provisions. | Companies with 100 or more US Workers and at least 1 Worker in California are required to submit an annual pay report to CA Civil Rights Department including W-2 wages and hours worked. Companies must also report the mean and median hourly rate, number of remote employees outside CA, number inside CA, and the number that do not work remotely by each combination of race, ethnicity, and sex. Companies that have 100 or more hired through labor contractors must product data on Labor Contractor Employees in a separate report. |
| Colorado | Sex or sex in combination with disability, race, creed, color, sexual orientation, gender identity, gender expression, religion, age, national origin, or ancestry. | Substantially similar work, regardless of job title, based on a composite of skill, effort, and responsibility. | If based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; the geographic location where the work is performed; education, training or experience reasonably related to the work in question; and travel, if the travel is a regular and necessary condition of the work performed. Companies relying on these factors must also demonstrate they are applied reasonably, account for the entire wage rate differential, and that prior wage history was not relied on to justify a disparity in current wage rates. | No. Companies may not inquire about a prospective Worker's wage history or rely on a prospective employee's wage history to determine a wage rate. Companies are also prohibited from discriminating or retaliating against a prospective employee or failing to disclose such wage history. | Companies must in good faith disclose the following in the notification of each job opportunity: (1) the hourly or salary compensation or the range of the hourly or salary compensation; (2) a general description of the benefits and other compensation applicable to the job opportunity; (3) the date the application window is anticipated to close; and (4) how to apply for the job opportunity. | No local provisions. | No pay reporting. |
| Connecticut | Sex. | Comparable work when viewed as a composite of skill, effort, and responsibility performed under similar working conditions. | Pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential system based upon a bona fide factor other than sex, including but not limited to, education, training, experience, credential, skill, or geographic location. Companies must show that such factors are not based on or derived from a sex-based differential in compensation and are job-related and consistent with a business necessity. Companies may not use this defense if Workers demonstrate that an alternative practice exists that would serve the same business necessity. | No, unless a prospective Worker has volunteered such information or unless the request is pursuant to any federal or state law that specifically authorizes the disclosure or verification. The law does not prohibit companies from inquiring about components of a prospective Worker's compensation structure, so long as the company does not inquire about the value of the elements of such compensation structure. | Companies must provide an applicant the wage range for a position for which the applicant is applying upon request or prior to or at the time the applicant is made an offer of compensation, whichever is sooner. Companies must provide a current Worker the wage range for the Worker's position upon hiring, a change in the Worker's position, or upon request. | No local provisions. | No pay reporting. |
| Delaware | Sex. | Equal work that requires equal skill, effort, and responsibility under similar working conditions in the same workplace. | If based on a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or factor other than sex. | No, businesses cannot seek the compensation history of an applicant or seek the same from the applicant's current or prior employer to prior to offer acceptance. (After an offer acceptance, a business may only request only for the purposes of confirming compensation history.) | No state law. | No local provisions. | No pay reporting. |
| Washington, D.C. | No state Equal Pay law; pay discrimination prohibited under non-discrimination statute. | N/A | N/a | No state law. | 6/30/24: Businesses must post the minimum and maximum projected salary or hourly pay in all job listings and position descriptions advertised. | No local provisions. | No pay reporting. |
| Florida | Sex. | Equal work on jobs the performance of which require equal skill, effort and responsibility, performed under similar working conditions. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any reasonable factor other than sex when exercised in good faith. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Georgia | Sex. | Equal work requiring equal skill, effort and responsibility, performed under similar working conditions within the same establishment. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Hawaii | Sex, Race, Gender Identity or Expression, Sexual Orientation, Age, Religion, Color, Ancestry, Disability, Marital Status, Arrest and Court Record, Reproductive Health Decision, or Domestic of Sexual Violence Victim Status | Substantially similar work on jobs the performance of which require equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. | If resulting from a seniority system; a system that measures earnings by quantity or quality of production; a bona fide occupational qualification; or any permissible factor other than any of the protected categories. | No, unless offered voluntarily and without prompting, businesses may not inquire about, search public records for, or rely on salary history of applicants in the hiring process. Businesses may engage in discussions about salary or benefit expectation. | Businesses must include hourly rate or salary range reasonably reflecting the actual expected compensation on job listings, except job listings for positions that are internal transfers or promotions or public employee positions. | No local provisions. | No pay reporting. |
| Idaho | Sex. | Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility at the same establishment. | If differential based on established seniority systems or merit increase systems that do not discriminate based on sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Illinois | Sex, African-American | Same or substantially similar work on jobs the performance of which require substantially similar skill, effort, and responsibility, and which are performed under similar working conditions. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any factor other than sex. | No, Illinois companies are prohibited from screening job applicants based on their wage or salary history; requiring that an applicant's prior wages satisfy minimum or maximum criteria; and requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer that an applicant disclose prior wages. | Company must include pay scale and benefits information in any job postings for positions that will be physically performed, at least in part, in IL or will be physically performed outside of IL but the Worker reports to a supervisor, office, or other worksite in IL. | No local provisions. | Companies with more than 100 employees in IL, who are also required to file a federal EEO-1 Report, must apply to the IL Department of Labor for an Equal pay registration certificate. |
| Indiana | Sex. | Equal work on jobs the performance of which require equal skill, effort and responsibility, performed under similar working conditions. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Iowa | Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. | Equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions in the same establishment. | If pursuant to a seniority system; a merit system' a system which measures earnings by quantity or quality of production; or a differential based on a factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Kansas | Sex. | Work on jobs requiring equal skill, effort a and responsibility, and which are performed under similar working conditions in the same establishment. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on a factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Kentucky | Sex. | Comparable work on jobs within the same establishment that have comparable requirements relating to skill, effort, and responsibility. | If pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Louisiana | No state equal pay law that applies to private employers; pay discrimination prohibited under non-discrimination statute. | N/A | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| Maine | Sex, race | Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility at the same establishment. | If pursuant to established seniority systems or merit increase systems, or time of the day worked, which do not discriminate on the basis of sex. | No, companies are prohibited from asking about a job candidate's compensation history until after a job offer including compensation terms has been presented. In addition, companies may not directly ask a candidate's current or former employer for salary information or stop current Workers from discussing their own or another Worker's wages. | No state law. | No local provisions. | No pay reporting. |
| Maryland | Sex and gender identity | For Workers in the same establishment, work of comparable character or work in the same operation, in the same business, or of the same type. | If based on a seniority system that does not discriminate on the basis of sex or gender identity; a merit increase system that does not discriminate on the basis of sex or gender identity; jobs that require different abilities or skills; jobs that require the regular performance of different duties or services' work that is performed on different shifts or at a different time of day; a system that measures performance based on a quality or quantity of production; or a bona fide factor other than sex or gender identity, including education, training, or experience in which the factor is not based on or derived from a gender differential in compensation. | No, businesses are prohibited from retaliating against or refusing to interview, hire, or engage any job applicant wo did not provide wage history on a job application, or who requested information about the wage range for the job to which the applicant applied. Businesses are also prohibited from seeking the wage history of an applicant either orally, in writing, or through another worker, an agent, or from the applicant's current or former employer. However, after an applicant has received an initial offer that includes a specific compensation figure, an employer may rely on any wage history voluntarily provided by the applicant to support a wage offer higher than the initial wage offer or seek to confirm the age history voluntarily provided by the applicant to support the higher wage offer. There additional exceptions however, are subject to the additional restrictions that the higher wage may not create a pay differential based on sex and/or gender identity. | Upon request, businesses must provide to a job applicant the wage range for the position to which the applicant applied. | No local provisions. | No pay reporting. |
| Massachusetts | Gender | Comparable work, defined as work that is substantially similar in that it requires substantially similar skill, effort, and responsibility and is performed under similar working conditions; provided however, that a job title or job description alone shall not determine comparability. | If based upon a system that rewards seniority; a merit system; a system which measures earnings by quantity or quality of production, sales, or revenue; the geographic location in which a job is performed; education, training or experience got the extent such factors are reasonably related to the particular job in question; or travel, if the travel is a regular and necessary condition of the particular job. A pay difference will be permissible under MEPA if the entire difference is justified by one of these factors, or by a combination of these factors. MEPA does not recognize any other valid reasons for variation in pay between men and women performing comparable work. | No. Generally, companies cannot seek salary history form a prospective Worker or their current or former employer. Under two limited exception, a company may request salary history. The first exception is if a prospective Worker has voluntarily disclosed salary information, then a company can confirm prior wages or salary. The second exemption is if an offer of employment with compensation has been made, then a company may seek or confirm a prospective Worker's wage or salary history. Additionally, companies cannot require that prior wage or salary history meet certain criteria, and prior wages are not a defense to an equal pay compliant. | No state law. | No local provisions. | No pay reporting. |
| Michigan | Sex. | Equal work on jobs, the performance of which requires equal skill , effort, and responsibility, and which are performed under similar working conditions. | If payment is based on one or more of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or a differential based on a factor other than sex. | Yes. State Law prohibits local jurisdictions from enacting salary history ban laws. | No state law. | No local provisions. | No pay reporting. |
| Minnesota | Sex. | Jobs that require equal skill, effort, and responsibility, and under which are performed under similar working conditions. | If payment is based on one or more of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or a differential based on a factor other than sex. | Businesses may not inquire into, consider, or require disclosure from any source the pay history of an applicant for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. Employers can still provide information about the wages, benefits, compensation, or salary offered in relation to a position, and inquire about or otherwise engage in discussions with an applicant about the applicant's expectations or requests with respect to wages, salary, benefits, and compensation. | No state law. | No local provisions. | No pay reporting. |
| Mississippi | Sex | Equal work on ja job, the performance of which requires equal skill, education, effort, and responsibility and which is performed under similar working conditions in he same establishment. | If payment is made pursuant to differential based on a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or any other factor other than sex, including, but not limited to, the salary history or continuity or employment history demonstrated by the Worker as compared to Workers of the opposite sex in the same establishment, the extent to which there was competition with other businesses for the Worker's services as compares to Workers of the opposite sex in the same establishment, and the extent to which the employee attempted to negotiate for higher wages as compared to Workers of the opposite sex in the same establishment. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Missouri | Women | Same quantity and quality of the same classification of work in the same establishment. | Based upon difference in seniority, length of service, ability, skill difference in duties or services performed, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, or factors other than sex, when exercised in good faith. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Montana | Women | Equivalent service or form the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. | Not addressed. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Nebraska | Sex. | Equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions in the same establishment. | If pursuant to: an established seniority system; a merit increase system; or a system which measures earning by quantity or quality of production; or any factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Nevada | Sex. | Equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions in the same establishment. | If pursuant to a seniority system; a merit system; a compensation system under which wages are determined by the quality or quantity of production; or a wage differential based on factors other than sex. | No. A company shall not orally or in writing, personally or through an agent: (a) seek the wage or salary of an applicant for employment; (b) rely on the wage or salary history of an applicant to determine: (1) whether to offer employment to an applicant; or (2) the rate of pay for the applicant; or (3) refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history. | A company or employment agency, must provide an applicant who has completed an interview for a position, the wage or salary range or rate for the position. A company or employment agency must provide the wage or salary range or rate for a promotion or transfer to a new position if the worker has (1) applied for the promotion or transfer; (2) completed an interview for the promotion or transfer or been offered the promotion or transfer; and (3) requested the wage or salary range or rate for the promotion or transfer. | No local provisions. | No pay reporting. |
| New Hampshire | Sex. | Equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. | If made pursuant to: a seniority system; a merit system; a system which measures earnings by quantity or quality of production; expertise; shift differentials; or a demonstrable factor other than sex, such as education, training, or experience. | No state law. | No state law. | No local provisions. | No pay reporting. |
| New Jersey | Race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait of any individual, and liability for service in the U.S. armed forces. | Substantially similar work, when viewed as a composite of skill, effort, and responsibility. | A seniority system, a merit system, or a bona fide factor other than a protected characteristic, such as education, experience, training, or the quantity of production so long as it is a job-related, and based on a legitimate business necessity, and if the business demonstrates the factor is not based on, and does not perpetuate a differential in compensation based on sex or any other characteristic of members of a protected class. The bona fide factor must be applied reasonably, and explain the entire pay differential. The factor will not apply if it is demonstrated that there are alternative business practices that would serve the same business purpose without producing the wage differential. | No, companies may not ask applicants about their salary history, including prior wages, salary commission, benefits, or any other current or previous compensation. Companies may verify an consider salary history if an applicant voluntarily, without prompting or coercion, provides the information. A company may not use an applicant's refusal to volunteer salary history information as a consideration in hiring decisions. The law does not apply to internal transfers or promotions, when a federal law or regulation requires that salary history be disclosed, or when a company is considering an incentive or commission component as a part of the total compensation package. | No state law. | No local provisions. | No pay reporting. |
| New Mexico | Sex. | Equal work on jobs which require equal skill, effort and responsibility, and which are performed under similar working conditions in the same establishment. | If pursuant to a seniority system; merit system; or system that measures earnings by quantity or quality of production. | Employers may not inquire into, consider, or require disclosure from any source the pay history of an applicant for employment for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. Businesses can still provide information about the wages, benefits, compensation, or salary offered in relation to a position, and inquire about or otherwise engage in discussions with an applicant about the applicant's expectations or requests with respect to wages, salary, benefits, or other compensation. | No state law. | No local provisions. | No pay reporting. |
| New York | Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familiar status, marital status, and domestic violence victim status. | (a) Equal work on a job, the performance of which requires equal skill, effort, and responsibility under similar working conditions in the same establishment, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, that is performed under similar working conditions in the same establishment. | If pursuant to a differential based on: a seniority system; a merit system; a system which measures earnings by quantity or quality or production; or a bona fide other than status within on or more protected class or classes, such as education, training, or experience. Such factor (i) shall not be based upon or derived from a differential in compensation based on status within on or more protected class or classes; and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception shall not apply with the employee demonstrates: (1) that an employer uses a particular employment practice that causes a disparate impact on the basis of status within one or more protected class or classes; (2) that an alternative employment practice exists that would service the same business purpose and not produce such differential; and (3) that the employer has refused to adopt such alternative practice. | The law prohibits companies from: (1) seeking, requesting, or requiring the wage or salary history from an applicant or current Worker as a condition to be interviewed, or as a condition of continuing to be considered for an offer, or as a condition of employment or promotion (also prohibits seeking an applicant or current employee's wage or salary history from other sources); (2) relying on an applicant's wage or salary history, the refusal to provide the same or because the individual filed a compliant with the department alleging a violation of the law. The law does not prevent an applicant or current Worker from voluntarily, and without prompting, disclosing or verifying wage or salary history, including but not limited to for the purposes of negotiating wages or salary. | In an advertisement for a job, promotion ,or transfer opportunity that will physically be performed, at least in part, the sate of New York, or performed outside of New York but that reports to a New York supervisor or location, employers must disclose: (1) the compensation or a range of compensation; (2) the job description if such description exists. | NYC, Ithaca, Albany County: Businesses must include minimum and maximum annual salary or hourly wage on advertisements for a job, promotion, or transfer opportunity. In stating the minimum and maximum annual salary or hourly wage for a position, the range may extend from the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the job posting it would pay for the advertised job, promotion, or transfer opportunity. | No pay reporting. |
| North Carolina | No state Equal Pay Law' there is a general non-discrimination statute, but the statute does not specify prohibited practices. | N/A | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| North Dakota | Gender | Comparable work on jobs in the same establishment that have comparable requirements relating to skill, effort, and responsibility. | Differentials that are paid pursuant to established seniority systems, systems that measure earnings by quantity or quality of production, merit systems, or a bona fide factor other than gender, such as education, training, or experience, and which do not discriminate on the bases of gender, are not within this prohibition. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Ohio | Race, color, religion, sex, age, national origin, or ancestry. | Work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar conditions. | If pursuant to any of the following: a seniority system; a system which measures earnings by the quantity or quality or production; a wage rate differential determined by any factor other than protected class. | No state law. | No state law. | Cincinnati & Toledo: Companies with more than 15 or more Workers must, upon reasonable request, provide external applicants with the pay scale for a position for which the applicant has been provided a conditional offer. | No pay reporting. |
| Oklahoma | Sex. | Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Differential must be willful. | Where such payment is made pursuant to seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Oregon | Race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age. | Work of comparable character, which means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title. | Business decisions must be based on an enumerated set of bona fide factors other than protected class; namely, a seniority system, a merit system, a system that measures earnings by quantity or quality of production, workplace location, travel, education, training, or past experience or any combination of the factors listed, if the combination of factors accounts for the entire compensation differential. | No. A business cannot seek salary history from an applicant or prior employer before an offer. A business can confirm prior compensation after an offer that includes compensation, and with the written authorization of the prospective Worker. A business cannot screen job applicants based on current or past compensation or determine compensations based on current or past compensation. | No state law. | No local provisions. | No pay reporting. |
| Pennsylvania | Sex. | Equal work on jobs, the performance of which requires equal skill , effort, and responsibility, and which are performed in the same establishment. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Puerto Rico | Sex. | Comparable job functions or duties that require equal skill, effort, and responsibility, and are performed under similar working conditions. | If the result of: (1) a bona fide merit or seniority system, (2) a system which measures profits in terms of quantity or quality of the production, sales, or profits, (3) education, training, or experience if these factors are reasonably related to the specific job, or (4) any reasonable factor other than sex | No. Businesses cannot seek salary history from a prospective Worker before an offer. If a prospective Worker has voluntarily disclosed salary history information, the business can confirm prior wages or salary or permit a prospective Worker to confirm prior wages or salary. | No state law. | No local provisions. | No pay reporting. |
| Rhode Island | Sex, race, color, religion, sex, sexual orientation, gender identity, or expression, disability, age, or country of ancestral origin. | A "comparable work" standard will apply. Comparable work means work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions. Determining whether jobs are comparable will require an analysis of the job as a whole. Minor difference in skill, effort, or responsibility will not prevent two (2) jobs from being considered comparable. | A wage differential is permitted when the employer demonstrates: (1) the systems are fair and are not being used as a pretext for an unlawful wage differential; (2) the differential is based upon one or more of the following factors: (i) a seniority system (but pregnancy-related disability or parental, family, and medical leave shall not reduce seniority); (2) the differential is based upon one or more of the following factors: (i) a seniority system (but pregnancy-related disability or parental, family, and medical leave shall not reduce seniority); (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (v) reasonable shift differential; (vi) education, training, or experience, if job related and consistent with a business necessity; (vii) Work related travel if regular and a business necessity; (viii) a bona fide factor other than status within a protected class that is job related with respect to the position in question; and that is consistent with business necessity. | Businesses must not: (1) rely on the wage history of an applicant when deciding whether to consider the applicant; (2) require that an applicant's prior wages satisfy minimum or maximum criteria; (3) rely on the wage history of an applicant to determine wages to be paid; (4) seek the wage history of an applicant. | Upon request, a business must provide to a job applicant the wage range for the position for which the applicant applied. The business should provide to an applicant the wage range for the position for which the applicant applied. The employer should provide a wage range prior to discussing compensation. A business must prove a current Worker the wage for the Worker's position (1) at hire; (2) when the Worker moves into a new position; or (3) upon the Worker's request. | No local provisions. | No pay reporting. |
| South Carolina | No state Equal Pay law; pay discrimination prohibited under non-discrimination statute | N/A | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| South Dakota | Sex. | Comparable work on jobs in the same location that have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. | If pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Tennessee | Sex. | Comparable work on jobs in the same location that have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. | If differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity or production, or any other reasonable differential that is based on a factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Texas | No state Equal Pay law; pay discrimination prohibited under non-discrimination statute. | N/A | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| Utah | No state Equal Pay law; pay discrimination prohibited under non-discrimination statute | N/A | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| Vermont | Sex, race, national origin, sexual orientation, gender identity, or physical or mental condition. | Equal work that requires equal skill, effort, and responsibility under similar working conditions in the similar working conditions. | N/A | No state law. | No state law. | No local provisions. | No pay reporting. |
| Virginia | Sex. | Equal work on jobs the performance of which require equal skill, effort and responsibility, performed under similar working conditions at the same establishment. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Washington | Gender. | Workers have similar work. The performances of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions; job titles alone are not determinative of whether Workers have similar work. | Discrimination within the meaning of this section does not include a differential in compensation based on good faith on a bona fide job-related factor or factors that: Are consistent with business necessity; Are not based on or derived from a gender-based differential; and account for the entire differential. More than one factor may account for the differential. Such bona fide factors include but are not limited to: education, training or experience; a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or a bona fide regional difference in compensation levels. | No. Under the salary history ban, the law forbids companies from seeking the wage or salary history of an applicant from the applicant or their former employer. Companies can however, confirm an applicant's wage or salary history; and may also confirm it after an offer (including compensation) has been negotiated. | In each posting for each job opening, companies must disclose the wage scale or salary range, and a general description of all of the benefits and other compensation to be offered to the hired applicant. Upon request of a Worker offered an internal transfer to a new position or promotion, the employer must provide the wage or salary range for the Worker's new position. | No local provisions. | No pay reporting. |
| West Virginia | Sex. | Work of comparable character, the performance of which requires comparable skills. | If payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex, or if a differential in wages between Workers is based on good faith on factors other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| Wisconsin | No state Equal Pay law; pay discrimination prohibited under non-discrimination statute. | N/A | N/A | Yes. State Law prohibits local jurisdictions from enacting salary history ban laws. | No state law. | No local provisions. | No pay reporting. |
| Wyoming | Sex. | Work that requires equal skill, effort, and responsibility, and which is performed under similar working conditions in the same establishment. | If pursuant to: a seniority system; a merit system; a system which measures earning by quantity or quality of production; or a differential based on any other factor other than sex. | No state law. | No state law. | No local provisions. | No pay reporting. |
| U.S. Federal | Sex. Note: Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. While these are included directly under the Equal Pay Act, they have the same effect in that pay data can not show as a disparaty for those categories as well. | For employees in the same establishment, equal work on jobs the performance of which require equal skill, effort, and responsibility which are performed under similar working conditions. | If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. | No federal Law. The Ninth circuit has held that prior salary, alone or in combination with other factors, cannot justify a wage differential under the Equal Pay Act because prior salary is not job-related. The court states that an employer may not rely on prior salary to set initial wages. The decision was a departure from those of other federal circuits, which have held that, while employers may not rely on salary history alone to support a wage differential, they may do so if prior salary is considered among other factors. On 7/2/20, The Supreme Court declined to review this decision. | No federal law. | N/A | No pay reporting. |
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