Research Summary: As of 2022, the average woman still makes 82 cents for every $1 a man does in the US. In light of this continuing issue and many others, several states have enacted pay equity laws to prevent discrimination in the workplace.
Today, 42 US states have opted to implement pay equity laws that go beyond the federal requirement. This article won’t touch on salary history laws for the most part, but if you want to learn more about that, we’ve also covered pay transparency laws in the US.
With that in mind, we’ve investigated all of the essential facts about pay equity laws in the US, and according to our extensive research:
| State | Law/Citation | Covered Employees | Protected Classes | General Protections |
|---|---|---|---|---|
| Alabama |
Clarke Figures Equal Pay Act HB 225 |
Private companies and Public employers | Gender, race | Cannot pay protected classes a lower wage for equal work (wages can only be different based on seniority) |
| Alaska |
Employment Discrimination Act |
Private companies and Public employers | Sex, gender | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Arizona | Ariz. Rev. Stat. Ann. § 23-340, 341 | Private companies and Public employers | Sex, gender |
Women and men must be paid at the same rate and offered the same skill, effort, responsibility and working conditions Employers are liable for damages |
| Arkansas | Ark. Code Ann. § 11-4-601, et. seq. | Private companies and Public employers | Sex, gender |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| California |
Equal Pay Act |
Private companies and Public employers | Gender, race, ethnicity |
Cannot pay protected classes a lower wage for equal work Employees can discuss wages in the workplace Employers are liable for damages Employers cannot retaliate against employees who file a complaint Employees can request pay scales from employers Companies with 100+ employers must report pay data by gender and race |
| Colorado |
Equal Pay For Equal Work Act |
Private companies and Public employers | Sex, gender |
Cannot pay women less than men for “substantially similar” work Employees can discuss wages in the workplace Employers cannot retaliate against employees who refuse to disclose salary history Employers are liable for damages |
| Connecticut | Conn. Gen. Stat. Ann. §31-75, et. seq. | Private companies and Public employers | Sex, gender |
Cannot pay women less than men for “comparable” work Employers are liable for damages |
| Delaware | 19 Del. Code Ann. § 1107(a), 1113 | Private companies and Public employers | Sex, gender |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers cannot screen candidates based on salary history Employers are liable for damages |
| Florida | Fla. Stat. Ann. § 448.07 | Private companies with over two employees | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Georgia |
Georgia Equal Pay Act |
Private companies with over ten employees and Public employers | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Hawaii |
Haw. Rev. Stat. § 378-2.3, -5 Haw. Rev. Stat. § 387-4 |
Private companies and Public employers | Sex, race, religion |
Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work Employers are liable for damages |
| Idaho | Idaho Code § 44-1701, et. seq. | Private companies and Public employers | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Illinois |
Equal Wage Act
Equal Pay Act of 2003
Wages of Women and Minors Act Ill. Executive Order 2019-02 Executive Order No. 2018-1 |
Private companies with over six employees Private company with over four employees Public employers Private employers with over 100 employees |
Sex, race |
Cannot pay women less than men or employ women at a lower pay rates for equal work Employers are required to file an annual and biannual report about pay data, submit equal pay registration certificates and certify compliance Employers are liable for damages |
| Indiana | Ind. Code Ann. §22-2-2-4(d), et. seq. | Private companies with over two employees | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Iowa |
Iowa Code Ann. § 70A.18 Iowa Code Ann. § 216.6A |
Private companies and Public employers | Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability |
Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work Employers are liable for damages |
| Kansas | Kan. Stat. Ann. 44-1205, et. seq. | Private companies and Public employers | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages and cannot retaliate against employees |
| Kentucky |
Ky. Rev. Stat. § 337.420, et. seq. Ordinance No. 066, Series 2018 |
Private companies with over two employees Public employers |
Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Louisiana |
Louisiana Equal Pay for Women Act La. Rev. Stat. Ann. § 23:301, et. seq. |
Public employers | N/A |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Maine |
Me. Rev. Stat. Ann. Tit. 26 § 628 Sec. 1. 5 MRSA §4577 |
Private companies and Public employers | Sex | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Maryland | Md. Labor and Employment Code Ann. § 3-301, et. seq. | Private companies and Public employers | Sex, gender |
Cannot pay different genders less, employ them at a lower pay rate, or offer them less favorable employment opportunities Employers cannot screen candidates based on salary history and must provide a wage range upon request Employers are liable for damages |
| Massachusetts |
Massachusetts Equal Pay Act |
Private companies and Public employers | Sex, gender |
Cannot pay different genders less or employ them at a lower pay rate for equal work Employers are liable for damages and cannot retaliate against employees who file a complaint Employees can discuss wages in the workplace |
| Michigan |
Unfair Discrimination, Restraint of Trade and Trusts Law
Workforce Opportunity Wage Act |
Private companies and Public employers Private companies with over two employees |
Sex, gender |
Cannot pay different genders less or employ them at a lower pay rate for equal work Employers are liable for damages (Those who don’t follow this protection can be found guilty of a misdemeanor) |
| Minnesota | Minn. Stat. Ann. § 181.66, et. seq. | Private companies | Sex, gender |
Cannot pay different genders less or employ them at a lower pay rate for equal work Employers are liable for damages |
| Mississippi | No law | N/A | N/A | N/A |
| Missouri |
Mo. Ann. Stat. § 290.410, et. seq. Resolution 180519 |
Private companies and Public employers Public employers |
Women |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages |
| Montana | Mont. Code Ann. 39-3-104 | Private companies and Public employers | Women | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Nebraska | Neb. Rev. Stat. Ann. § 48-1221, et. seq. | Private companies with 15+ employees and Public Employers | Sex | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Nevada |
SB293 Nev. Rev. Stat. § 608.017 |
Private companies and Public employers | Sex, gender |
Cannot pay different genders less or employ them at a lower pay rate for equal work Employers must provide salary ranges after an interview |
| New Hampshire | N.H. Rev. Stat. Ann. § 275:37-41 | Private companies and Public employers | Sex, gender |
Cannot pay different genders less or employ them at a lower pay rate for equal work Employers are liable for damages |
| New Jersey |
Executive Order 1, 2018 N.J. Stat. Ann. § 34:11-56.1, et. seq. |
Private companies and Public employers Public employers |
Race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, sexual orientation, genetic information, pregnancy, sex, gender, and disability |
Cannot pay protected classes less or employ them at a lower pay rate for equal work Employers are liable for damages |
| New Mexico | N.M. Stat. Ann. § 28-23-1, et. seq. | Private companies with over four employees | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Prohibits retaliation and provides employer liability for damages |
| New York |
Executive Order 161 N.Y. Labor Law §194, 198 Local Law 2017/067 Local Law No. P for 2016 Local Law No. 25 -2018 Local Law No. 10624-2018 |
Private companies Public employers |
Age, race, creed, color, national origin, sexual orientation, gender, military status, sex, disability, genetic factors, familial status, marital status, and domestic violence victim status |
Cannot pay protected classes less or employ them at a lower pay rate for equal work Employers cannot screen candidates based on salary history Employers are liable for damages |
| North Carolina |
No equal pay law
Employment discrimination law Executive Order No. 93 |
Private companies Public Employers |
N/A | State agencies cannot use an applicant’s salary history to determine pay |
| North Dakota | N.D. Century Code, 34-06.1-01, et. seq. | Private companies and Public employers | Gender |
Cannot pay women less than men or employ women at a lower pay rate for equal work Prohibits retaliation and provides employer liability for damages |
| Ohio | Ohio Rev. Code § 4111.17 | Private companies with 15+ employees and public employers |
Race, color, religion, sex, age, national origin, or ancestry |
Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work Employers are liable for damages Cincinnati employers must provide pay scales upon request |
| Oklahoma | 40 Okla. Stat. Ann. § 198.1, et. seq. | Private companies | Women | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Oregon |
Or. Rev. Stat. § 652.220, et. seq. Or. Rev. Stat. § 652.220, et. seq |
Private companies and Public employers |
Gender, race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age |
Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work Employers cannot use an applicant’s salary history to determine pay |
| Pennsylvania |
Equal Pay Law
Executive Order: 2018-18-03
Philadelphia Wage Equity Ordinance |
Private companies and Public employers | Sex, gender |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employers are liable for damages All job postings must disclose pay scale |
| Rhode Island | Pay Equity Act H 5261A, S 0270A (Effective in Jan. 2023) | Private companies and public employers | Sex, gender |
Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work Employers must provide a wage range upon request and post notices about the Pay Equity Act in the workplace |
| South Carolina |
Human Affairs Law |
Private companies and public employers with over 15 employees | Women | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| South Dakota |
Equal Pay Law |
All employers | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Prohibits retaliation and provides employer liability for damages |
| Tennessee |
Tennessee Human Rights Act
Equal Pay Act |
Public and private employers with over eight employees | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Prohibits retaliation and provides employer liability for damages |
| Texas |
Texas Equal Pay Act
Texas Human Rights Commission Act |
Public employees Employers with over 15 employees |
Sex, race, color, disability, religion, national origin, or age | No distinctions in compensation, terms, conditions, or privileges may be made based on someone’s protected class |
| Utah |
No equal pay law
Utah Antidiscrimination Act |
Employers with over 15 employees | Sex, race, color, pregnancy and childbirth, age, religion, national origin, disability, sexual orientation, or gender identity | Cannot pay protected classes less a lower wage or employ them at a lower pay rate for equal work |
| Vermont |
Vermont Fair Employment Practices Act VT Stat. Tit. 21 Sec. 495(7)(B) |
Public and private employers | Sex |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employees can discuss wages in the workplace |
| Virginia |
Virginia Equal Pay Act |
Public and private employers | Sex | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Washington |
Equal Pay and Opportunities Act |
Public and private employers | Gender |
Cannot pay women less than men or employ women at a lower pay rate for equal work Employees can discuss wages in the workplace and retaliation from employers is prohibited |
| West Virginia |
West Virginia Equal Pay Act |
Private employers | Sex | Cannot pay women less than men or employ women at a lower pay rate for equal work |
| Wisconsin |
No equal pay law
Wisconsin Fair Employment Act |
N/A | N/A | Gender-based pay differentials are allowed in circumstances where gender is a bona fide occupational qualification (BFOQ) |
| Wyoming |
Wyoming Equal Pay Law |
Employers with over two employees | Sex | Cannot pay women less than men or employ women at a lower pay rate for equal work |
States With Employer Liability Laws
There are currently 30 states with laws that specifically state that employers are liable for pay equity damages. In these states, it’s especially easy for employees to file complaints and lawsuits if they feel as though they’ve been discriminated against in the workplace.
These states include: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, South Dakota, and Tennessee.
Of course, it is worth noting that there are federal protections in place, such as The Equal Pay Act of 1963 (EPA), which also hold employers liable for pay discrimination in the workplace, so you should be able to successfully sue for damages in any state. This list of states just makes it easier on the state level.
Pay Equity Laws By State FAQ
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Which states don’t have equal pay laws?
There are five states with no equal pay laws and eight states with provisions in their employment discrimination laws. The states without equal pay laws include:
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Alabama
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Mississippi
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North Carolina
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Utah
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Wisconsin
All of these five states, with the exception of Mississippi, do have protections in place for equal pay. However, these protections aren’t specific laws. Likewise, these are the eight states with provisions in place instead of laws:
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Louisiana
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North Carolina
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South Carolina
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Texas
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Utah
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Wisconsin
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Which states require employers to provide salary ranges?
There are 11 states that require employers to provide salary ranges. These states include:
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California
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Colorado
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Connecticut
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Maryland
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Nevada
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New Jersey (Jersey City)
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New York (NYC & Ithaca)
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Ohio (Toledo & Cinncinati)
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Pennsylvania
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Rhode Island
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Washington
Of those listed, most of the salary range laws have already been put into effect. However, Rhode Island’s and Washington’s most recent laws were passed in 2021 and will take effect in 2023.
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Can two employees doing the same job be paid differently?
No, two employees cannot do the same job and be paid differently, even under federal law. While many of the states in this article have chosen to implement their own pay equity laws, pay equity is still required nationwide on a federal level.
The Equal Pay Act of 1963 (EPA), which amended the Fair Labor Standards Act, protects against wage discrimination on the basis of sex.
Conclusion
The US has attempted to crack down on pay inequity, especially between men and women, since the 1930s. Today, 42 states have implemented their own pay equity laws to reduce pay discrimination in the workplace.
In total, 30 states have laws that provide employer liability for damages, 11 states require employers to provide salary ranges, 14 states have laws that prohibit employers from requesting salary history, and 20 states offer protections for workers to discuss pay.
This exemplifies immense progress since the 1960s, but we still have a long way to go. Women are still paid 82 cents for every $1 a man makes on average, meaning that we’re still working toward overall pay equity.
Author
Jack Flynn
Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.
