Cent. Code 1197.5(h). Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Code 1197.5(c). Me. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. Coverage: Applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. 49.58.010(5). Coverage: Applies to any employer within the state. 48-1102(2). Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. The Act also applies to any organizational unit of the state. Rev. 42 U.S.C. See federal law summary. Stat. Ann. Fla. Stat. tit. Rev. 652.220(1)(a)-(d). tit. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. 67-19-3(3), (5), (10). Share your salary and compare it with millions of professionals. Me. Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. Wyo. Me. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. 125/2. Mo. Stat. 48-1221(1). tit. 11-4-601(a). Neb. Stat. 41 C.F.R. The National Labor Relations Act makes it unlawful for both unionized and non-unionized employers to prohibit employees from discussing wage rates with each other, except in those limited circumstances where employees or employers are exempt from NLRA coverage. 659A.885(1). Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. Code 22-9-1-3(h)(1)-(3). Haw. Although the Act protects union and non-union workers alike, there are limitations. D.C. Code 32-1451(1)-(2). 112/10(b-5). W. Va. Code. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Stat. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. Ann. Code Ann. Ind. Lab. Ann. Is it Illegal to Discuss Wages? Rev. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 48-1223(1)-(2). Stat. Stat. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Executive Order No. 50-2-204(a)(1). 8-5-102. Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Stat. 21-5E-4(a). Ann. Stat. 25, 1302(A)(1), 1301(6). Ann. Stat. Rev. Code Ann. S.D. 25 1350(G)-(H). If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Wis. Stat. Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Executive Order No. & Empl. Ann. Colo. Rev. Nev. Rev. Mich. Comp. Kan. Stat. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Rev. 1-13-90(d)(9). Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. N.Y. 203(s)(1). Remedies: The Executive Order does not create a private right of action. 149, 105A. 2019-10(1). Md. Idaho Code Ann. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. Code Ann. It was updated with new information in June 2021. 112/30(a). Ann. 19 709B(b)(1)-(2). Tex. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. 44-1210(a). 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. tit. In fact, having a policy against it could get you into serious trouble. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). 60-1.26(a)(2), (b)(1); 60-1.27. 23:664(A). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. 27-9-103(n)(i)-(iv). Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Code Ann. 26, 628. Virginia Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Del. Stat. Rev. Conn. Gen. Stat. 8, 2011 WL 2533793, at *7 (C.D. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Employee compensation is a sensitive subject, one that many employers would like to keep secret. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. Code Ann. Is It Illegal For Your Employees To Discuss Wages? Or. 2019-10(2). 111.39(c). Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Code 49.58.020(1). Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. 344.030(2)(a)-(b). Stat. Conn. Gen. Stat. 44-1009(a)(1). Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Code Ann. 11-4-610. N.D. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. An agency within the U.S. Department of Labor, 200 Constitution AveNW Code Ann. Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex, including pregnancy, or gender identity. 19 715(1)(a)-(d). 4112.01(A)(2)-(3). Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Mich. Comp. tit. Stat. 45-19-29(1). 39-3-104(2). Code Ann., Lab. Lab. Prior salary shall not justify any disparity in compensation. Me. 213.111.1-2. Wis. Stat. 21.258(a)(1)-(2), (b)(1), (5)-(6). Coverage: Applies to all employer and all employees. 26, 626-A. Code Ann., Lab. 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