Pay Equity Developments and Information

Pfizer, Inc.

Pfizer Inc. shareholders voted against a median pay gap shareholder proposal in 2020, with a little over a third of the total votes cast in favor. In its opposition in the annual proxy statement, the company stated “[w]e believe we have addressed the proponent’s request to have an unadjusted (median) number released in an alternative, but equally effective way. In our statement announcing the results of our pay equity study, we acknowledged that we are also committed to creating greater opportunities for women and minorities to advance to senior roles at Pfizer and to building a pipeline of qualified diverse talent throughout the organization – we refer to this as opportunity parity.”

Pfizer received an “A” grade on Arjuna’s 2021 scorecard.

The American Express Company

American Express defeated a gender pay gap shareholder proposal in 2017. In 2018, Arjuna Capital withdrew a second gender pay gap proposal after the company “committed to analyze and disclose to its employees and on its corporate website by the end of 2018, the Company’s gender pay gap, starting first in the United States and with a commitment to expand globally over time.”

In 2019, American Express shareholders defeated a median gender pay gap shareholder proposal, and the Company’s proxy statement cited the company’s inclusion and diversity commitments, the results of its 2018 equal pay for equal work pay equity analysis which reported an alleged 99% pay parity between female and male American Express employees, support for women’s advancement within American Express, and additional support for female employees such as paid parental leave.

American Express opposed a renewed Arjuna Capital median pay gap shareholder proposal on May 5, 2020, with approximately 9% of shareholders voting in favor. In its opposition, the company stated “[o]ur Board believes that our ongoing pay equity reviews, programs and practices protect the Company from the material risks associated with the gender/racial pay gap. Further, our Board believes that, taken together, the information we release on pay equity and diversity of workforce representation as well as our programs and initiatives are more informative to our stakeholders to assist in the assessment of company strategy and performance than the statistics requested in the proposal.”

In 2021, American Express shareholders voted in favor of a proposal brought by As You Sow that requested an annual publication describing “the process that the Board follows for assessing the effectiveness of [the company’s] diversity, equity and inclusion programs” and “the Board’s assessment of program effectiveness, as reflected in any goals, metrics, and trends related to its promotion, recruitment and retention of protected classes of employees.” American Express subsequently published a “2021 Interim ESG Update: Diversity, Equity & Inclusion Progress Report” on May 24, 2021. That report states that the company “[a]chieved 100% pay equity for colleagues across genders globally and across races and ethnicities in the U.S.,” notes that the company has “[a]dded new inclusion and diversity councils around the world to strength education and connections,” and details additional diversity, equity, and inclusion initiatives and programs the company has undertaken.

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ala. Code § 25-1-30(b)	• Sex • Race	• Equal work (equal skill, effort, education, experience, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex or race	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Ala. Stat. § 25-1-30(c)	• Applicants cannot be penalized for declining to provide wage history

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Alaska Stat. § 18.80.220(a)(5)	• Sex	• Work of comparable character or • Work in the same operation, business, or type of work in the same locality	• None identified in statute	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(none)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ariz. Rev. Stat. § 23-341	• Sex	• Same quantity and quality of the same classification of work • Same establishment	• Seniority or 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, factor or factors other than sex, when exercised in good faith	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(none)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ark. Code § 11-4-610	• Sex	• Comparable work	• Seniority • Experience • Training • Skill • Ability • Difference in duties or services performed • Difference in the shift or time of day worked; or • Other reasonable differentiation except difference in sex	• Separate statutory requirement to pay "equal compensation for equal services" (Ark. Code § 11-4-601)

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(none)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Cal. Lab. Code § 1197.5	• Sex • Race • Ethnicity	• Substantially similar work, when viewed as a composite of skill, effort, and responsibility • Similar working conditions	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Bona fide factor other than sex, such as education, training, or experience	• For "bona fide factor" defense, employer must show factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity - employee can then still prevail by demonstrating alternative business practice exists that would serve the same business purpose without producing the wage differential • Defenses must be applied reasonably and (taken together) explain the entire wage differential

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Cal. Lab. Code §§ 432.3, 1197.5	• Employer shall not (directly or indirectly) seek salary history information - but can ask for salary expectations • Employer may not rely on salary history to determine whether to offer employment or what salary to offer applicant unless voluntarily disclosed • Prior salary shall not justify any disparity in compensation

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Cal. Lab. Code §§ 432.3, 1197.5; Cal. Gov’t Code § 12999	• Employer with 15+ employees must include the pay scale for a position in any job posting • Employer must, upon reasonable request, provide pay scale for a position to an applicant • Employer must, upon request, provide an employee the pay scale for their current position • Employer shall not prohibit an employee from disclosing his or her own wages, discussing the wages of others, or inquiring about another employee's wages • Certain covered employers must report aggregated compensation data for payroll employees and/or labor contractor employees annually to the California Civil Rights Department in a specific format

Relevant Law

What Laws Govern Pay Transparency?

Cal. Lab. Code §§ 432.3, 1197.5; Cal. Gov’t Code § 12999

• Employer with 15+ employees must include the pay scale for a position in any job posting

• Employer must, upon reasonable request, provide pay scale for a position to an applicant

• Employer must, upon request, provide an employee the pay scale for their current position

• Employer shall not prohibit an employee from disclosing his or her own wages, discussing the wages of others, or inquiring about another employee's wages

• Certain covered employers must report aggregated compensation data for payroll employees and/or labor contractor employees annually to the California Civil Rights Department in a specific format

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Colo. Rev. Stat. § 24-34-402; § § 8-5-102 & 8-5-201	• Sex	• Substantially similar work, based on a composite of skill; effort, which may include consideration of shift work; and responsibility	• Seniority system • Merit system • System that tracks quantity or quality of production; • Geographic location; Education, training or experience if reasonably related to work in question; or • Travel (if necessary and regular)	• Job title does not determine whether work is "substantially similar" • No catch-all "bona fide factor other than sex" defense listed • Defenses must be applied reasonably and account for the entire wage rate differential

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Colo. Rev. Stat. § 8-5-102(2) (effective 1/1/2021)	• Employer shall not seek wage rate history of applicant • Applicants cannot be penalized for declining to provide wage history • Employer may not rely on wage rate history to determine what pay to offer • Prior salary cannot be relied upon to justify disparity in current wage rates

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Colo. Rev. Stat. § 24-34-402; §§ 8-5-102 & 8-5-201	• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages • Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to disclose • Employer must include hourly or salary compensation or range and general description of all benefits and other compensation in each job posting for jobs that could be performed in Colorado • Employer shall make reasonable efforts to notify all Colorado employees of all opportunities for promotion in writing, on the same day, and prior to making promotion decisions (and for promotions in Colorado, must include compensation and benefits information)

Relevant Law

What Laws Govern Pay Transparency?

Colo. Rev. Stat. § 24-34-402; §§ 8-5-102 & 8-5-201

• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages

• Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to disclose

• Employer must include hourly or salary compensation or range and general description of all benefits and other compensation in each job posting for jobs that could be performed in Colorado

• Employer shall make reasonable efforts to notify all Colorado employees of all opportunities for promotion in writing, on the same day, and prior to making promotion decisions (and for promotions in Colorado, must include compensation and benefits information)

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Conn. Gen. Stat. § 31-75	• Sex	• Comparable work (equal skill, effort, responsibility) • Similar working conditions	• Seniority system • Merit system • System which measures earnings by quantity or quality of production; or • A differential system based upon a bona fide factor other than sex, including education, training, credential, skill, geographic location or experience	• For "bona fide factor" defense, employer must show factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity - employee can then still prevail by demonstrating alternative business practice exists that would serve the same business purpose without producing the wage differential, yet employer refused to adopt it

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Conn. Gen. Stat. § 31-40z(b)(5)	• Employer shall not (directly or indirectly) inquire about wage or salary history • Exceptions: (i) if applicant voluntarily discloses wage or salary history; (ii) if federal or state law specifically authorizes disclosure or verification of salary history for employment purposes.

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Conn. Gen. Stat. § 31-40z(b)(1)-(4), (6)-(9)	• Employer must provide wage range for position: - upon the earliest of applicant’s request, or at time of compensation offer - upon hire - upon a change in the employee-s position with the employer - upon the employee’s first request for the wage range “Wage range” means the range of wages the employer anticipates relying on in setting wages • Employer shall not: - prohibit employee from disclosing or discussing their wages or wages another employee has voluntarily disclosed - prohibit employee from inquiring about the wages of another employee - require employee to waive either of these rights - penalize employee who discloses or discusses their wages, or inquiries about wages of other employees

Relevant Law

What Laws Govern Pay Transparency?

Conn. Gen. Stat. § 31-40z(b)(1)-(4), (6)-(9)

• Employer must provide wage range for position:
- upon the earliest of applicant’s request, or at time of compensation offer
- upon hire
- upon a change in the employee-s position with the employer
- upon the employee’s first request for the wage range
“Wage range” means the range of wages the employer anticipates relying on in setting wages

• Employer shall not:
- prohibit employee from disclosing or discussing their wages or wages another employee has voluntarily disclosed
- prohibit employee from inquiring about the wages of another employee
- require employee to waive either of these rights
- penalize employee who discloses or discusses their wages, or inquiries about wages of other employees

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Del. Code tit. 19, § 1107A; Del. Code tit. 29, § 6962	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that measures earnings by quantity or quality of production; • Any other factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Tracks language of federal Equal Pay Act • Separate and parallel equal pay requirement for entities performing public works contracts

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Del. Code tit. 19, § 709B	• Employer may not seek compensation history from applicant or current or former employer - though discussions about compensation expectations permitted • Employer may not screen applicants, including by requiring that compensation history meet certain criteria • Employer may seek and confirm compensation history after an offer including compensation has been extended and accepted

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Del. Code tit. 19, § 711(i)	• Employer may not penalize employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee - but no affirmative obligation of employer or employee to disclose • Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to inquire, discuss, or disclose

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Fla. Stat. § 448.07	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Differential based on reasonable factor other than sex exercised in good faith • Provision does not apply to employers covered by the Fair Labor Standards Act	• Separate statutory requirement to provide "equal pay for equal services" regardless of sex, marital status, or race (Fla. Stat. § 725.07(1)). However, the requirement does not apply to employers covered by the Fair Labor Standards Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ga. Code § 34-5-3(a)	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Tracks language of federal Equal Pay Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Haw. Rev. Stat. § 378-2.3(a)	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; • Bona fide occupational qualification; or • Any permissible factor other than sex	• Separate statute prohibits pay discrimination based on race, religion, or sex; states that variations in pay for employees "in the same classification of work" are permissible based on seniority, length of service, substantial difference in duties or services performed, or difference in shift/time/hours worked; employer may not reduce wage of any employee to achieve compliance (Haw. Rev. Stat. § 387-4)

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Haw. Rev. Stat. § 378-2.4	• Employer shall not (directly or indirectly) inquire about salary history of applicant - though discussions about salary expectations permitted • Employer may not rely on salary history to determine what pay to offer unless voluntarily disclosed • Not applicable to internal transfers/promotions or public employee positions subject to collective bargaining

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Haw. Rev. Stat. § 378-2.3(b)	• Employer shall not penalize employee or prohibit employee from disclosing wages or discussing or inquiring about wages of other employees

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Idaho Code § 44-1702	• Sex	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility • Same establishment	• Established seniority system • Established merit increase system	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
820 Ill. Comp. Stat. 112/10(a)	• Sex • Race (African-Americans only)	• Same or substantially similar work (substantially similar skill, effort, responsibility) • Similar working conditions • Same county	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Factor other than sex, race, or some other factor that would constitute unlawful discrimination	• For "bona fide factor" defense, employer must show factor is not based on or derived from a differential in compensation based on sex, race, or other protected characteristic, is job related with respect to the position in question, is consistent with a business necessity, and accounts for the differential • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
820 Ill. Comp. Stat. 112/10(b-5), (b-10)	• Employer shall not request or require wage or salary history from applicant as a condition of interview, offer, or employment • Employer may not seek wage or salary history from applicant or current or former employer - but does not apply to internal transfers or individuals whose wage or salary history is publicly available • Employer may not screen applicants by requiring that salary history meet any specified level • Employers are permitted to discuss salary expectations with applicants • No violation if applicant voluntarily discloses prior wage or salary history, so long as employer does not consider or rely on that information

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

820 Ill. Comp. Stat. 112/10(b-5), (b-10)

• Employer shall not request or require wage or salary history from applicant as a condition of interview, offer, or employment

• Employer may not seek wage or salary history from applicant or current or former employer - but does not apply to internal transfers or individuals whose wage or salary history is publicly available

• Employer may not screen applicants by requiring that salary history meet any specified level

• Employers are permitted to discuss salary expectations with applicants

• No violation if applicant voluntarily discloses prior wage or salary history, so long as employer does not consider or rely on that information

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
820 Ill. Comp. Stat. 112/10(b) and 112/11; 805 Ill. Comp. Stat 5/14.15 (S.B. 1480 and 1847)	• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages • Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to disclose • Does not apply to employees who have regular access to wage or salary information of others as part of their jobs • By March 2024, employers with 100+ employees must apply for an equal pay registration certificate, which requires certain pay data disclosures, signed statements, and certification of compliance with related laws. Certification must be renewed every two years

Relevant Law

What Laws Govern Pay Transparency?

820 Ill. Comp. Stat. 112/10(b) and 112/11; 805 Ill. Comp. Stat 5/14.15 (S.B. 1480 and 1847)

• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages

• Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to disclose

• Does not apply to employees who have regular access to wage or salary information of others as part of their jobs

• By March 2024, employers with 100+ employees must apply for an equal pay registration certificate, which requires certain pay data disclosures, signed statements, and certification of compliance with related laws. Certification must be renewed every two years

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ind. Code § 22-2-2-4(a)	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Tracks language of federal Equal Pay Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Iowa Code § 216.6A	• Age • Race • Creed • Color • Sex • Sexual orientation • Gender identity • National origin • Religion • Disability	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability	• Cannot reduce wage of any employee to achieve compliance • Separate statute declares state policy not to discriminate in compensation for work of comparable worth (defined as value of work measures by a composite of skill, effort, responsibility, and working conditions) between jobs held primarily by women and those held primarily by men (Iowa Code § 70A.18)

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Kan. Stat. § 44-1205	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	• Employer not required to reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ky. Rev. Stat. § 337.423	• Sex	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility • Same establishment	• Established seniority system • Established merit increase system	• Cannot reduce wage of any employee to achieve compliance • Provision does not apply to employers covered by the Fair Labor Standards Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
La. Rev. Stat. § 23:664	• Sex	• Same or substantially similar work (equal skill, effort, education, and responsibility) • Within the same agency • Similar working conditions (including time worked in the position)	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Bona fide factor other than sex, including but not limited to education, training, or experience	• Applies only to State departments, offices, divisions, agencies, commissions, boards, committees, and other organizational units • "Bona fide factor" defense available only if employer shows factor is related to the position in question, and no alternative employment practice would serve the same legitimate business purpose without producing the differential • Separate statute prohibits any employer from intentionally paying employee of one sex less than another of the opposite sex for equal work (equal skill, effort, responsibility) performed under similar working conditions (La. Rev. Stat. § 23:332)

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
La. Rev. Stat. § 23:664(D)	• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages or the wages of another employee • Applies only to State departments, offices, divisions, agencies, commissions, boards, committees, and other organizational units

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Me. Rev. Stat. tit. 26, § 628	• Sex	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility • Same establishment	• Seniority system • Merit increase system • Difference in the shift or time of day worked	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Me. Rev. Stat. tit. 26, § 628-A	• Employer may not inquire about compensation history of applicant except after offer including compensation terms has been extended • Employer may not use compensation history of applicant • Exception: if federal or state law specifically authorizes disclosure or verification of salary history for employment purposes

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Me. Rev. Stat. tit. 26, § 628	• Employer may not prohibit employee from disclosing the employee's own wages or from inquiring about or disclosing another employee's wages if the purpose of the disclosure or inquiry is to enforce the equal pay law

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Md. Code, Lab. & Empl. § 3-304	• Sex • Gender Identity	• Same county and work of comparable character, or work on the same operation, in the same business, or of the same type	• Seniority system • Merit increase system • Jobs that require different abilities or skills • Jobs that require the regular performance of different duties or services • Work performed on different shifts or at different times of day • System that measures performance based on a quality or quantity of production • Bona fide factor other than sex or gender identity, including education, training, or experience.	• "Bona fide factor" defense only available if factor not based on or derived from a gender-base differential in compensation, is job related with respect to the position and consistent with a business necessity, and accounts for the entire differential • No defense applicable if employee demonstrates it is pretext • Cannot reduce wage of any employee to achieve compliance • Separate statutory prohibition on providing less favorable opportunities based on sex (same defenses and exceptions apply) (Md. Code, Lab. & Empl. § 3-304)

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

Md. Code, Lab. & Empl § 3-304.2

• Employer may not seek or rely on wage or salary history of an applicant

• Employer must provide wage range for position upon request

• Applicants cannot be penalized for declining to provide wage history or requesting wage range

• Employer may confirm prior wages or salary if applicant voluntarily discloses and initial offer of employment has been made; employer may use information to support a higher wage offer, only if higher wage does not create unlawful pay differential.

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

Md. Code, Lab. & Empl § 3-304.1, 3-304.2

• Employer may not prohibit employee from, or penalize employee for, inquiring about, discussing, or disclosing the wages of employee or another employee

• Employer may not prohibit employee from, or penalize employee for, requesting that employer provide a reason for why the employee's wages are a condition of employment

• Employer may establish reasonable workday limitations on the time, place, and manner of wage inquiries, discussions, or disclosures and may prohibit employees from discussing or disclosing wages of others without prior permission

• Does not permit employee to disclose proprietary or trade secret information, or information of other employees to a competitor

• Employer must provide wage range for position upon request

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Mass. Gen. Laws ch. 149, § 105A(b)	• Gender	• Comparable work (substantially similar skill, effort, responsibility) • Similar working conditions	• Seniority system that does not exclude time on pregnancy, family, or medical leave; • Merit system; • System that tracks quantity or quality of production, sales, or revenue; • Geographic location; • Education, training, or experience (if reasonably related to job); or • Travel (if necessary and regular)	• Job title does not determine whether employees perform "comparable work" • No catch-all "bona fide factor other than sex" defense listed • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Mass. Gen. Laws ch. 149, § 105A(c)	• Employer may not seek wage or salary history from applicant or current or former employer • Employer may not screen applicants by requiring that wage or salary history meet certain criteria • Employer may confirm prior wages or salary if applicant voluntarily discloses, or after an offer including compensation has been extended • No provisions of this law may be waived by contract

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

Mass. Gen. Laws ch. 149, § 105A(c)(1), (3)

• Employer may not penalize employee for disclosing own wages or inquiring about or discussing wages of others

• Employer may not require as condition of employment that employees refrain from inquiring about, discussing, or disclosing information about their own or others' wages

• Does not apply to employees who have regular access to compensation information of others as part of their jobs

• No provisions of this law may be waived by contract

• No affirmative obligation for employer to disclose employee's wages to other employees or third party

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Mich. Comp. Laws § 408.423	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Tracks language of federal Equal Pay Act • Separate statute makes it a misdemeanor to discriminate in the payment of wages between sexes who are similarly employed, and provides that difference based on factor other than sex is permissible (Mich. Comp. Laws § 750.556)

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

Mich. Comp. Laws § 123.1384; Executive Directive 2019-10 (Jan. 8, 2019)

• Bars local governments from enacting laws that would regulate information employer can request or required from applicant (including prior salary)

• State departments and agencies prohibited from inquiring about applicant's current or previous salary until conditional offer of employment with proposed compensation has been extended, and will not use prior salary information unintentionally discovered or previously known - but can request and verify previous compensation if voluntarily disclosed or required by applicable law

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Mich. Comp. Laws § 408.483a	• Employer may not require nondisclosure of wages as condition of employment or signing of waiver or other document preventing disclosure of wages • Employer may not discharge, formally discipline, or discriminate in job advancement against employee for disclosing his or her wages

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Minn. Stat. § 181.67	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Tracks language of federal Equal Pay Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

Minn. Stat. § 181.172

• Employer may not penalize employee for disclosing own wages or discussing wages of another employee that have been voluntarily disclosed

• Employer may not require nondisclosure agreement, waiver, or other document preventing disclosure of wages

• Does not create any obligation on employer to disclose wages

• Does not permit employee to disclose proprietary or trade secret information, or information of other employees to a competitor

• Employer that provides employee handbook must include notice of wage disclosure rights and remedies

• Separate statute requires employers entering into contracts of over $500,000 with state to submit equal pay compliance statement, obtain equal pay certificate, and submit to state audits of pay data (Minn. Stat. § 363A.44)

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
H.B. 770	• Sex	• Equal work (equal skill, education, effort, and responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that measures earnings by quantity or quality of production; or • Any factor other than sex, which can include: (i) salary history or continuity of employment history, (ii) extent to which there was competition with other employers for the employee’s services, (iii) extent to which employee attempted to negotiate for higher wages.	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Mo. Rev. Stat. § 290.410	• Female	• Same quantity and quality of the same classification of work • Same establishment	• Seniority or 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; or • Other reasonable differentiation, factor or factors other than sex, when exercised in good faith	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Kansas City Ordinance No. 190380	Kansas City only: employers must not inquire about or screen for salary history, rely on salary history, or disfavor or retaliate against applicant for not disclosing salary history.

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Mont. Code § 39-3-104	• Women	• Equivalent service, or • Same amount or class of work or labor • Same establishment	• None identified in statute	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Neb. Rev. Stat. § 48-1221	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Established seniority system • Merit increase system • System that tracks quantity or quality of production; or • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

Neb. Rev. Stat. § 48-1114

• Employer may not penalize employee for inquiring about, discussing, or disclosing information regarding wages, benefits, or other compensation

• Does not apply to employees who have authorized access to compensation information of others as part of their jobs

• Does not permit employees to discuss such information during working hours or in violation of specific contractual obligations, or permit employees to disseminate wage information to the general public

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Nev. Rev. Stat. § 608.017	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • Compensation system under which wages are determined by quantity or quality of production; or • Factors other than sex	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Nev. Rev. Stat. § 613	• Employer may not seek or rely on wage or salary history from applicant • Applicants cannot be penalized for declining to provide wage or salary history • Employer may ask applicant about wage or salary expectations

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

New Rev. Stat. § § 613, 613.330(1)(c)

• Employer must provide wage or salary range or rate for position to:
- applicant who has completed an interview
- employee who has applied for promotion or transfer, completed an interview for or been offered the promotion or transfer, and who requests it

• Employer may not penalize employee for inquiring about, discussing, or voluntarily disclosing own wages or wages of another employee

• Does not apply to employees who have regular access to compensation information of others as part of their jobs

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
N.H. Rev. Stat. § 275:37	• Sex	• Equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions	• Seniority system • Merit or performance-based system • System that tracks quantity or quality of production • Expertise • Shift differentials • A demonstrable factor other than sex, such as education, training, or experience	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
N.H. Rev. Stat. §§ 275:38-a, 275:41-b(I)-(II)	• Employer may not penalize employee for inquiring about, discussing, or disclosing his or her wages or wages of another employee • Does not apply to employees who have regular access to wage information of others as part of their jobs • Employer may not require nondisclosure of wages as condition of employment or require employee to waive right to disclose

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
N.J. Stat. § 10:5-12(t)	• Race • Creed • Color • National origin • Nationality Ancestry • Age • Marital, civil union, or domestic partnership status • Affectional or sexual orientation • Genetic information • Pregnancy or breastfeeding • Sex • Gender identity or expression • Disability • Atypical hereditary cellular or blood trait • Liability for service in the armed forces • Nationality • Refusal to submit to or supply results of genetic test	• Substantially similar work, when viewed as a composite of skill, effort, and responsibility	• Seniority system • Merit system • One or more legitimate bona fide factors other than the characteristics of members of the protected class, such as training, education or experience, or the quantity or quality of production.	• Cannot reduce wage of any employee to achieve compliance • Comparisons of wage rates shall be based on rates in all of an employer's operations or facilities • For "bona fide factor" defense, employer must show factors are not based on and do not perpetuate a differential in compensation based on sex or other protected characteristic, are applied reasonably; (taken together) account for the entire differential; and are job-related with respect to position in question and consistent with legitimate business necessity - employee can then still prevail by demonstrating alternative business practices would serve the same business purpose without producing the wage differential

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

N.J. Stat. § 34:6B-20

• Employer may not screen applicants based on salary history or require that salary history meet any specified level

• Employer may not consider applicant’s refusal to volunteer compensation information in any decision

• Employer may consider salary history in determining pay, and may verify salary history, if applicant voluntarily discloses

• Employer may request written authorization to confirm salary history after offer including compensation has been extended

• Not applicable to internal transfers/promotions, or if information known due to prior employment with employer, or if publicly available (provided not used to set salary), or if required by federal law or regulation

• Does not bar questions about prior experience with incentive or commission plans if relevant to job at issue

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

N.J. Stat. §§ 10:5-12(r), 10:5-34; Jersey City Ord. 22-206

• Employer may not penalize employee for requesting, discussing, or disclosing information related to his or her compensation or the compensation of other employees - including job title, occupational category, compensation, and protected status - with other employees, former employees, lawyers, or government agencies

• Employer may not require employee to waive right to make such requests or disclosures

• Law cannot be construed to require an employee to disclose their compensation-related information

• Separate statute requires employers entering into contracts with state agencies or instrumentalities to report specified compensation information to Commissioner of Labor and Workforce Development by gender, race, ethnicity, and job category

*Jersey City, NJ only: Jersey City requires employers within the City to include minimum and maximum salary or hourly wage and benefits in any advertisement providing notice of employment opportunities, transfers, or promotions.

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
N.M. Stat. § 28-23-3	• Sex	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system; Merit system; or • System that tracks quantity or quality of production	• No catch-all "bona fide factor other than sex" defense listed • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
N.Y. Lab. Law § 194	• Age • Race • Creed • Color • National origin • Sexual orientation • Gender identity or expression • Military status • Sex • Disability • Predisposing genetic characteristics • Familial or marital status • Domestic violence victim status	• Equal work (equal skill, effort and responsibility) or substantially similar work, when viewed as a composite of skill, effort, and responsibility • Similar working conditions • Same geographical region (no larger than county)	• Seniority system • Merit system • System which measures earnings by quantity or quality of production • Bona fide factor other than protected status, such as education, training, or experience	• "Bona fide factor" defense only available if factor is not based upon or derived from a differential in compensation based on protected status, and is job-related with respect to the position in question and consistent with business necessity - employee can still prevail by demonstrating that particular practice causes disparate impact, alternative employment practice exists that would serve same business purpose and not produce the differential, and employer has refused to adopt alternative • This law does not apply to government agencies (N.Y. Lab. Law § 190(3))

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

N.Y. Lab. Law § 194-a; Executive Order No. 161 (Jan. 9, 2017) and Executive Order No. 6 (continuing No. 161)

• Employer may not rely on wage or salary history to determine whether to offer employment or in determining wages or salary

• Employer may not seek, request, or require wage or salary history from applicant or current employee, including as condition of promotion – but no prohibition on applicant or employee voluntarily disclosing

• Applicants and current employees cannot be penalized for declining to provide wage or salary history, or based on wage or salary history

• Employer may confirm wage or salary history only if at the time an offer of employment with compensation is made, the applicant or current employee provides prior wage or salary information to support a wage or salary higher than offered

• This law does not apply to government agencies (N.Y. Lab. Law § 190(3)) - but state entities are covered by Executive Order No. 161 (prohibits asking or mandating that applicants provide current or prior compensation until after conditional offer of employment with compensation has been made, or from relying on prior compensation in determining applicants salary)

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

N.Y. Lab. Law §§ 194(4), 194-b (effective 9/17/2023); Executive Order No. 162; N.Y.C.H.R.L. § 8-107(32); Westchester County Local Law 2022-119; Ithaca City Code § 215-3(F); Albany County Local Law "E" for 2022

• Employer may not prohibit employee from inquiring about, discussing, or disclosing the wages of employee or another employee

• Does not apply to employees who have regular access to wage information of others as part of their jobs

• Employer may establish reasonable workday limitations on the time, place, and manner of wage inquiries, discussions, or disclosures and may prohibit employees from discussing or disclosing wages of others without prior permission

• Effective September 17, 2023: Employers must include the compensation or minimum and maximum annual salary or hourly range, as well as the applicable job description, for advertisements for jobs, promotions, or transfer opportunities that will physically be performed, at least in part, in the state of New York, including those that will physically be performed outside of New York but that report to a supervisor, office, or other work site in New York. Advertisements apply to both internal and external job listings, and include any means of "mak[ing] available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity."

• State contractors must report job titles, gender, racial or ethnic group, and compensation of all employees performing work on state contracts

*New York City: employers must include minimum and maximum salary in advertisements for jobs, promotions, or transfer opportunities that could be performed in NYC

*Westchester County, NY: employers must include minimum and maximum salary in advertisements for jobs, promotions, or transfer opportunities "for positions that are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely."

*County of Albany, NY: employers must include minimum and maximum salary in advertisements for jobs, promotions, or transfer opportunities

*City of Ithaca, NY: employers must include minimum and maximum salary in advertisements for jobs, promotions, or transfer opportunities.

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
(n/a)	• No provision	• No provision	• No provision	• No provision

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Executive Order No. 93 (Apr. 2, 2019)	• State Agencies prohibited from requesting salary history

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
N.D. Cent. Code § 34-06.1-03	• Gender	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility • Same establishment	• Established seniority system • System that tracks quantity or quality of production • Merit system • Bona fide factor other than gender such as education, training, or experience which does not discriminate based on gender	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Ohio Rev. Code § 4111.17	• Race • Color • Religion • Sex • Age • National origin • Ancestry	• Equal work (equal skill, effort, and responsibility) • Similar conditions	• Seniority system • Merit system • System which measures earnings by quantity or quality of production • Factor other than race, color, religion, sex, age, national origin, or ancestry	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Cincinnati Ordinance 83-2019; Toledo Ordinance 173-19	• No state provision *Toledo and Cincinnati require employers to provide the pay scale for a position, upon reasonable request, for which an applicant has been provided a conditional offer of employment.

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Okla. Stat. tit. 40, § 198.1	• Women	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than sex	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Or. Rev. Stat. §§ 652.210, 652.220	• Race • Color • Religion • Gender or gender identity • Sexual orientation • National origin • Marital status • Veteran status • Disability • Age	• Work of comparable character that requires substantially similar knowledge, skill, effort, responsibility and working conditions	• Seniority system • Merit system; • System that tracks quantity or quality of production, including piece-rate work • Workplace locations • Travel (if necessary and regular) • Education • Training; • Experience; or • Combination of the above	• Neither job description nor job title determine whether work is of "comparable character" • No catch-all "bona fide factor other than sex" defense listed • Combination of factors (taken together) must explain the entire compensation differential • Can pay differently per collective bargaining agreement if CBA determines pay based on listed factor, or if employee on authorized modified work • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

Or. Rev. Stat. §§ 652.220(1)(c), (d), 659A.357

• Employer may not seek salary history from applicants or employees or screen applicants based on current or past compensation - but can seek written authorization to confirm prior compensation after offer of employment with proposed pay has been made

• Employers may not determine compensation based on current or past compensation of applicant - but may consider pay of current employees when transferring internally

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Or. Rev. Stat. § 659A.355	• Employer may not penalize employee for inquiring about, discussing, or disclosing his or her wages or wages of another employee, or making a charge based on that information • Does not apply to employees who have regular access to wage information of others as part of their jobs

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
43 Pa. Stat. § 336.3	• Sex	• Equal work (equal skill, effort, and responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System which measures earnings by quantity or quality of production • Any factor other than sex	• Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Executive Order 2018-18-03 (June 6, 2018)	• Commonwealth agencies prohibited from inquiring about applicant's current compensation or compensation history at any stage of the hiring process, and applicants may refuse to disclose without repercussion

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
• Executive Order 2018-18-03 (June 6, 2018)	• All Commonwealth position postings shall clearly disclose a job position’s pay scale and pay range

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
R.I. Gen. Laws § 28-6-18	• Sex • Race • Color • Religion • Sexual orientation • Gender identity or expression • Disability • Age • Country of ancestral origin	• Comparable work (substantially similar skill, effort, and responsibility) • Similar working conditions	• Seniority system (time of leave due to pregnancy or parental, family or medical leave shall not reduce seniority) • Merit system • System which measures earnings by quantity or quality of production • Geographic location corresponding with different costs of living • Reasonable shift differential • Education, training, or experience if job-related and consistent with business necessity • Work-related travel, if regular and business necessity • A bona fide factor not based upon or derived from protected characteristic	• Bona fide factor must be job-related and consistent with business necessity, and shall not apply if employee demonstrates alternative business practice that would serve same business purpose without producing wage differential and that employer has refused to adopt • Systems must be fair and not used as pretext • Each factor or factors must be relied upon reasonably, and must reasonably explain the differential • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

R.I. Gen. Laws § 28-6-22

• Employer may not:
- rely on wage or salary history to determine whether to consider applicant for employment, or in determining wages to be paid
- require that an applicant’s wages satisfy minimum or maximum criteria to be considered for employment
- seek wage history of applicant

• Applicants and current employees cannot be penalized for declining to provide wage or salary history, or based on wage or salary history

• Employer may confirm wage or salary history only if after an offer of employment with compensation is made, the applicant or current employee voluntarily provides prior wage or salary information to support a wage or salary higher than offered, and higher wage would not create unlawful pay differential

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

R.I. Gen. Laws § § 28-6-18, 28-6-22

• Employer shall provide wage range for position to:
- applicant, upon request (should be prior to discussing compensation)
- employee, at time of hire
- employee, when employee moves into a new position
- employee, upon request

• Employer may not penalize employee for requesting the wage range for a position, or for inquiring about, discussing, or disclosing his or her wages or wages of another employee, or making a charge based on that information

• Employer may not require waive of these rights

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
(n/a)	• No provision	• No provision	• No provision	• No provision

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
S.D. Codified Laws §§ 60-12-15, 60-12-16	• Sex	• Comparable work on jobs that have comparable requirements relating to skill, effort and responsibility (not including any physical strength requirements)	• Seniority system • Job descriptive system • Merit increase system • Executive training program	• Defenses must not themselves discriminate on the basis of sex

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Tenn. Code § 50-2-202	• Sex	• Comparable work on jobs the performance of which requires comparable skill, effort, and responsibility • Similar working conditions • Same establishment	• Seniority system • Merit system • System which measures earnings by quantity or quality of production • Any other reasonable differential based on a factor other than sex	• Cannot reduce wage of any employee to achieve compliance • Provision does not apply to employers covered by the federal Equal Pay Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Tex. Gov't Code § 659.001	• Women who "perform public service" for the State	• Same kind, grade, and quantity of service	• None identified in statute	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
(n/a)	• No provision	• No provision	• No provision	• Separate statute prohibits payment of different wages or salaries to employees having substantially equal experience, responsibilities, and skills for a particular job and are otherwise qualified, where the pay difference is because of race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age (if 40 or older), religion, national origin, disability, sexual orientation, or gender identity unless based on longevity with employer (Utah Code § 34A-5-106(a))

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Vt. Stat. tit. 21, § 495(a)(7)(A)	• Sex	• Equal work (equal skill, effort, and responsibility) • Similar working conditions	• Seniority system • Merit system • System in which earnings are based on quantity or quality of production • A bona fide factor other than sex	• "Bona fide factor" defense only available if employer demonstrates that factor does not perpetuate a sex-based differential in compensation, is job-related with respect to the position in question, and is based upon a legitimate business consideration • Cannot reduce wage of any employee to achieve compliance

Prior Salary

Relevant Law

What Restrictions Govern Use of Prior Salary in Pay-Setting?

Vt. Stat. tit. 21, § 495m

• Employer shall not:
- inquire about or seek information regarding applicant's current or past compensation from applicant or their current or former employer
- require that applicant's current or past compensation satisfy minimum or maximum criteria
- determine whether to interview applicant based on their current or past compensation

• If prospective employee voluntarily discloses current or past compensation information, employer may, after making offer of employment with compensation, seek to confirm or request that the prospective employee confirm that information

• Employer may inquire about prospective employee's salary expectations or requirements

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

Vt. Stat. tit. 21, §§ 495(a)(7)(B), 495(a)(8)(D), 495(h)

• Employer shall not:
- require as condition of employment that employee refrain from disclosing amount of their wages or from inquiring about or discussing the wages of other employees
- require employee to waive these rights
- retaliate against employee for exercising these rights

• Unless otherwise required by law, employer may prohibit a human resources manager from disclosing the wages of other employees

• Employer not required to disclose wages of an employee in response to an inquiry by another employee, unless failure to do so would otherwise constitute unlawful employment discrimination

• Employee not required to disclose their wages in response to inquiry by another employee

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Va. Code § 40.1-28.6	• Sex	• Equal work (equal skill, effort, and responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System which measures earnings by quantity or quality of production • Any other factor other than sex	• Provision does not apply to employers covered by the Fair Labor Standards Act

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
Va. Code § 40.1-28.7:9	• Employer may not penalize employee for inquiring about, discussing, or disclosing his or her wages or wages of another employee • Does not apply to employees who have regular access to wage information of others as part of their jobs

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
RCW 49.58.020	• Gender	• Similarly employed: • Work for the same employer • Require similar skill, effort, and responsibility • Performed under similar working conditions	• Bona fide job-related factor or factors that: (i) Are consistent with business necessity; (ii) Are not based on or derived from a gender-based differential; and (iii) Account for the entire differential	• Job title does not determine whether employees are "similarly employed" • Bona fide factor defense must be based on good faith • Non-exhaustive list of examples of bona fide factors include education, training, experience, seniority system, merit system, system that tracks quantity or quality of production, regional difference in compensation levels • Not unlawful to pay differently based on local minimum wage ordinances • Separate statutory prohibition on limiting or depriving employees of "career advancement opportunities" based on gender (RCW 49.58.030)

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
RCW 49.58.020(d), 49.58.100	• Employer shall not seek wage or salary history from applicant or current or former employer • Employer may not require that applicant's prior salary meet any specified level - but can verify prior salary if applicant voluntarily discloses, or after employment offer including compensation has been extended • Previous wage or salary history not a defense to state equal pay claims

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

RCW 49.58.040, 49.58.110

• Employer may not require nondisclosure agreement, waiver, or other document preventing disclosure of wages

• Employer may not penalize employee for inquiring about, discussing, or disclosing his or her wages or wages of another employee – but no affirmative obligation of employer to disclose

• Employer may not penalize employee for asking employer to provide a reason for the employee's wages or lack of opportunity for advancement

• Does not apply to employees who have regular access to wage information of others as part of their jobs

• Employers with 15+ employees must disclose in each job posting the wage scale or salary range, plus a general description of all benefits and other compensation, and disclose the wage scale or salary range upon request to employees receiving promotions or transfers

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
(n/a)	• No provision	• No provision	• No provision	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
D.C. Dep't of Human Resources, District Personnel Instruction No. 11-92	• District government agencies are prohibited from asking applicants for their salary history unless raised by the applicant after an offer of employment is extended

Pay Transparency

Relevant Law

What Laws Govern Pay Transparency?

D.C. Code §§ 32-1452, 32-1453, 32-1454

• Employer may not penalize employee for inquiring about, disclosing, comparing, or otherwise discussing his or her wages or the wages of another employee

• Employer may not require nondisclosure of wages or agreement not to inquire as condition of employment

• Does not apply to employees who have regular access to wage or salary information of others as part of their jobs

• No affirmative obligation of employer to disclose

• No provisions of this law may be waived

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
W. Va. Code § 21-5B-3	• Sex	• Work of comparable character, the performance of which requires comparable skills	• Seniority or merit system that does not discriminate on the basis of sex • When based in good faith on factors other than sex	• Cannot reduce wage of any employee to achieve compliance • Provision does not apply to employers covered by the federal Equal Pay Act (W. Va. Code § 21-5B-1) • Does not apply to the state or any municipal or political subdivisions of the state that have civil service systems based on merit (W. Va. Code § 21-5B-1) - but state employers must comply with the slightly different equal pay provision at W. Va. Code § 21-5E-3

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
(n/a)	• No provision	• No provision	• No provision	• Separate statute prohibits discriminating in compensation paid for equal or substantially similar work on the basis of sex where sex is not a bona fide occupational qualification (Wisc. Stat. § 111.36(1)(a))

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
Wisc. Stat. § 103.36	• Authorizes employers to solicit salary history information from applicants • Bars local governments from enacting or enforcing ordinances that prohibit soliciting salary history

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

Pay Equity

Relevant Law	Protected Class(es)	What Comparator Standard is Used?	What Defenses Are Recognized?	Other Notable Details
Wyo. Stat. § 27-4-302	• Gender	• Equal work (equal skill, effort, responsibility) • Similar working conditions • Same establishment	• Seniority system • Merit system • System that tracks quantity or quality of production; or • Any factor other than gender	--

Prior Salary

Relevant Law	What Restrictions Govern Use of Prior Salary in Pay-Setting?
(n/a)	• No provision

Pay Transparency

Relevant Law	What Laws Govern Pay Transparency?
(n/a)	• No provision

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Prior Salary

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Prior Salary

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Prior Salary

Pay Transparency

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Prior Salary

Pay Transparency

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Prior Salary

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Pay Equity

Prior Salary

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Pay Equity

Prior Salary

Pay Transparency

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Prior Salary

Pay Transparency

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Prior Salary

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Prior Salary

Pay Transparency

Pay Equity

Prior Salary

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Pay Equity

Prior Salary

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Pay Equity

Prior Salary

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Pay Equity

Prior Salary

Pay Transparency

Pay Equity

Prior Salary

Pay Transparency

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Prior Salary

Pay Transparency

Pay Equity

Prior Salary

Pay Transparency

Pay Equity

Prior Salary

Pay Transparency

Pay Equity

Prior Salary