This map provides information on federal and state-level equal pay and pay transparency protections for workers. More information about protection, coverage and available remedies are listed in an accompanying table at the link below.
View the full text of protections shown in the map
State | Pay Transparency Laws Summary | Equal Pay Laws Summary |
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ALABAMA |
Only federal protections apply. See federal law summary.
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Only federal protections apply. See federal law summary.
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ALASKA |
Only federal protections apply. See federal law summary.
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Alaska Human Rights Act
Coverage: Applies to any employer, including the state, that has 1 or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, education, or religious association or corporation not organized for profit. Alaska Stat. § 18.80.300(5).
Remedies: If the State Commission for Human Rights finds that an employer has engaged in the discriminatory practice, it shall order the employer to refrain from engaging in the discriminatory practice. Alaska Stat. § 18.80.130(a). The commission may order any appropriate relief, including: training of an employer and back pay. Alaska Stat. § 18.80.130(a)(1). An employer that willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor and is punishable by a fine of not more than $500, or by imprisonment in jail for no more than 30 days, or both. Alaska Stat. § 18.80.270. |
ARIZONA |
Only federal protections apply. See federal law summary.
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Arizona Equal Pay Statute
Coverage: Applies to all employers, including the state. Ariz. Rev. Stat. § 23-340(4).
Remedies: Any employer who violates the law is liable to the employee affected in the amount of the wages of which such employee is deprived by reason of the violation. Ariz. Rev. Stat. § 23-341(B). Any employee receiving less than the wage to which such employee is entitled under this law may recover in a civil action the balance of such wages, together with the costs of suit. Ariz. Rev. Stat. § 23-341(E).
Arizona Civil Rights Act
Coverage: Applies to employers with 15 or more employees. Ariz. Rev. Stat. § 41-1461(6)(a). However, the Act does not apply to the United States, a corporation wholly owned by the government, an Indian tribe, or a bona fide private membership club exempt from taxation. Ariz. Rev. Stat. § 41-1461(6)(b)(i)-(ii). Additionally, the statute does not apply to an employer with respect to the employment of aliens outside any state or to a religious corporation, association, educational institution, or society with respect to the employment of individuals performing work connected with the carrying on of its activities. Ariz. Rev. Stat. § 41-1462.
Remedies: If a court finds the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such practice and order affirmative action as may be appropriate; affirmative action may include reinstatement or hiring with or without back pay. Ariz. Rev. Stat. § 14-1481(G). In any action or proceeding under this statute, the court may allow the prevailing party a reasonable attorney’s fee or part of the costs. Ariz. Rev. Stat. § 14-481(J). |
ARKANSAS |
Only federal protections apply. See federal law summary.
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Arkansas Wage Discrimination Law
Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B).
Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Ark. Code Ann. § 11-4-601(b).
Additional Sex Discrimination Provision in the Wage Discrimination Law
Coverage: Applies to all persons acting in the interest of an employer. Ark. Code Ann. § 11-4-607(2). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ark. Code Ann. § 11-4-607(1)(B).
Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Ark. Code Ann. § 11-4-608. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorney’s fee and court costs. Ark. Code Ann § 11-4-611(a), (b)(1)(3).
Arkansas Civil Rights Act of 1993
Coverage: Applies to any employer who employs 9 or more employees. Ark. Code Ann. § 16-123-102(6). The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. Ark. Code Ann. § 16-123-102(4)(A)-(C).
Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney’s fee. Ark. Code Ann. § 16-123-107(c)(1)(A). Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Ark. Code Ann. § 16-123-107(c)(2)(A). |
CALIFORNIA |
California Equal Pay Act
Coverage: Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. § 12571. Cal. Lab. Code § 1171.
Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Cal. Lab. Code § 1197.5(k)(2).
California Labor Code
Coverage: Applies to all employees. Cal. Lab. Code § 200.
Remedies: An individual may bring a civil action without exhausting administrative remedies. Cal. Lab. Code § 244(a). If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Cal. Lab. Code § 243(a)-(b). |
California Equal Pay Act
Coverage: Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. § 12571. Cal. Lab. Code § 1171.
Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Cal. Lab. Code § 1197.5(c). The employee may also recover the costs of the suit and reasonable attorney’s fees. Cal. Lab. Code § 1197.5(h).
California Fair Employment and Housing Act
Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. Cal. Gov’t Code § 12926(d).
Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Cal. Gov’t Code § 12965(c). |
COLORADO |
Colorado Antidiscrimination Statute
Coverage: Applies to all employees except individuals in the domestic service of any person. Colo. Rev. Stat. § 24-34-401(2). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Colo. Rev. Stat. § 24-34-401(3).
Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Colo. Rev. Stat. § 24-34-306(9). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Colo. Rev. Stat. § 24-34-405(2)(a)(I)-(III). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Colo. Rev. Stat. § 24-34-405(3)(a). |
Colorado Equal Pay Statute
Coverage: Applies to all employers and employees, but does not cover household and domestic servants or farm and ranch laborers. Colo. Rev. Stat. § 8-5-101(4)-(6).
Remedies: Any employer who violates the provisions of § 8-5-102 is liable in an amount equal to the difference between the amount which he paid to the complaining employee and the amount which the employee would have received had there been no discrimination; if the discrimination was willful, a penalty may be imposed upon the employer in addition thereto of not more than the amount of such difference. Colo. Rev. Stat. § 8-5-104.
Colorado Antidiscrimination Statute
Coverage: Applies to all employees except individuals in the domestic service of any person. Colo. Rev. Stat. § 24-34-401(2). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Colo. Rev. Stat. § 24-34-401(3).
Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Colo. Rev. Stat. § 24-34-306(9). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Colo. Rev. Stat. § 24-34-405(2)(a)(I)-(III). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Colo. Rev. Stat. § 24-34-405(3)(a). |
CONNECTICUT |
Connecticut Labor Statute
Coverage: Applies to any employer within the state using the services of 1 or more employees for pay and to any employee. Conn. Gen. Stat. § 31-40z(a)(1)-(2).
Remedies: An employer who violates this provision may be found liable for compensatory damages, attorney’s fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Conn. Gen. Stat. § 31-40z(d). |
Connecticut Labor Statute
Coverage: Applies to all employers, including the state, and to all employees. Conn. Gen. Stat. § 31-71a(1)-(2).
Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Conn. Gen. Stat. § 31-71g.
Connecticut Human Rights Act
Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Conn. Gen. Stat. § 46a-51(9). Applies to all employers, including the state, that employ 3 or more persons. Conn. Gen. Stat. § 46a-51(10).
Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. Conn. Gen. Stat. § 46a-86(a)-(b). In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorney’s fees and costs. Conn. Gen. Stat. § 46a-86(c). |
DELAWARE |
Delaware Antidiscrimination Act
Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Del. Code Ann. tit. 19 § 710(6)(a)-(d). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. § 511(a). Del. Code Ann. tit. 19 § 710(7).
Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorney’s fees to the prevailing party. Del. Code Ann. tit. 19 § 715(1)(a)-(d). |
Delaware Antidiscrimination Act
Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Del. Code Ann. tit. 19 § 710(6)(a)-(d). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. § 511(a). Del. Code Ann. tit. 19 § 710(7).
Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorney’s fees to the prevailing party. Del. Code Ann. tit. 19 § 715(1)(a)-(d).
Delaware Wage Payment and Collection Act
Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Del. Code Ann. tit. 19 § 1101(a)(3).
Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. Del. Code Ann. tit. 19 § 1112(a). An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorney’s fees, all to be paid by the employer. Del. Code Ann. tit. 19 § 1113(a), (c). |
DISTRICT OF COLUMBIA |
D.C. Wage Transparency Law
Coverage: Applies to all employees and employers, but does not include the District or the federal government. D.C. Code § 32-1451(1)-(2).
Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. D.C. Code § 32-1455(a), (c). |
D.C. Human Rights Act of 1977
Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employer’s household. D.C. Code § 2-1401.02(10).
Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. D.C. Code § 2-1403.13(a)(1)(A),(D)-(F). |
FLORIDA |
Only federal protections apply. See federal law summary.
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Florida Equal Pay Statute
Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Fla. Stat. § 448.07(1)(a)-(b). However, this statute does not apply to employers subject to the Fair Labor Standards Act. Fla. Stat. § 448.07(4).
Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorney’s fee. Fla. Stat. § 448.07(3).
Florida Civil Rights Act
Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Fla. Stat. § 760.10(7), (9).
Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. The court may also allow the prevailing party a reasonable attorney’s fee. Fla. Stat. § 760.11(5). |
GEORGIA |
Only federal protections apply. See federal law summary.
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Georgia Pay Equity Act
Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Ga. Code Ann. § 34-5-2(3). The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Ga. Code Ann. § 34-5-2(4).
Remedies: An employer who violates this Act shall be liable for the amount of the affected employee’s unpaid wages; the court shall also allow costs of the action and a reasonable attorney’s fee not to exceed 25% of the judgment to be paid by the employer. Ga. Code Ann. § 34-5-5(a).
Georgia Fair Employment Practices Act
Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. Ga. Code Ann. § 45-19-22(5).
Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Ga. Code Ann. § 45-19-38(b), (c)(1). Additionally, any monetary award ordered shall be for actual damages only. Ga. Code Ann. § 45-19-38(d). |
HAWAII |
Only federal protections apply. See federal law summary.
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Hawaii Equal Pay Law
Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Haw. Rev. Stat. § 378-1. The law does not apply to individuals employed as domestic servants. Haw. Rev. Stat. § 378-1.
Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. Haw. Rev. Stat. § 378-5(a). In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Haw. Rev. Stat. § 378-5(b). In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorney’s fees. Haw. Rev. Stat. § 378-5(c).
Hawaii Wage and Hour Law
Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Haw. Rev. Stat. § 387-1. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individual’s sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. Haw. Rev. Stat. § 387-1.
Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Haw. Rev. Stat. § 387-12(a)(2), (a)(4). Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Haw. Rev. Stat. § 387-12(d)(1). |
IDAHO |
Only federal protections apply. See federal law summary.
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Idaho Equal Pay Law
Coverage: Applies to all employers and their agents, including the state, and to all employees. Idaho Code Ann. § 44-1701(1)-(2).
Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Idaho Code Ann. § 44-1704(1). In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorney’s fee and costs of the action to be paid. Idaho Code Ann. § 44-1704(2).
Idaho Human Rights Law
Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the person’s household. Idaho Code Ann. § 67-5902(6). The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. Idaho Code Ann. § 67-5902(6)(a)-(c).
Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. Idaho Code Ann. § 67-5908(3)(a)-(e). |
ILLINOIS |
Illinois Equal Pay Act of 2003
Coverage: Applies to all employees and employers, including the state. 820 Ill. Comp. Stat. 112/5.
Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees – first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees – first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 820 Ill. Comp. Stat. 112/30(c)(1)-(2). Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. 820 Ill. Comp. Stat. 112/30(c). |
Illinois Equal Pay Act of 2003
Coverage: Applies to all employees and employers, including the state. 820 Ill. Comp. Stat. 112/5.
Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest and the costs and reasonable attorney’s fees as may be allowed by the court and as necessary to make the employee whole. 820 Ill. Comp. Stat. 112/30(a). Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees – first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees – first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 820 Ill. Comp. Stat. 112/30(c)(1)-(2).
Illinois Equal Wage Act
Coverage: Applies to any employer of 6 or more persons in the state. 820 Ill. Comp. Stat. 110/1.
Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. 820 Ill. Comp. Stat. 110/1.
Wages of Women and Minors Act
Coverage: No specific coverage provision.
Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. 820 Ill. Comp. Stat. 125/15(2).
Illinois Human Rights Act
Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. 775 Ill. Comp. Stat. 5/2-101(A)(1)(a)-(c). The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. 775 Ill. Comp. Stat. 5/2-101(B)(1)(a), (c)-(e). However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. 775 Ill. Comp. Stat. 5/2-101(B)(2).
Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainant’s actual damages and back pay from the date of the civil rights violation. 775 Ill. Comp. Stat. 5/8A-104(A)-(C), (G), (J). |
INDIANA |
Only federal protections apply. See federal law summary.
|
Indiana Minimum Wage Law of 1965
Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Ind. Code § 22-2-2-3. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Ind. Code § 22-2-2-3.
Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorney’s fees and costs of the action. Ind. Code § 22-2-2-9. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Ind. Code § 22-2-2-11(a)(3)(b). An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Ind. Code § 22-2-2-11(a)(3)(c).
Indiana Civil Rights Law
Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Ind. Code § 22-9-1-3(h)(1)-(3). Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Ind. Code § 22-9-1-3(i)(1)-(2).
Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainant’s losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Ind. Code § 22-9-1-6(j)(1)-(3). |
IOWA |
Only federal protections apply. See federal law summary.
|
Iowa Equal Pay Law
Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Iowa Code § 70A.18.
Remedies: No specific provision of remedies for violation.
Iowa Civil Rights Law
Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employer’s family are not considered employees. Iowa Code § 216.6A(4).
Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. Iowa Code § 216.15(9)(a)(1), (6)-(8). Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Iowa Code § 216.15(9)(a)(9)(a)-(b). |
KANSAS |
Only federal protections apply. See federal law summary.
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Kansas Minimum Wage and Maximum Hours Law
Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Kan. Stat. § 44-1202(d). The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. Kan. Stat. § 44-1202(e).
Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Kan. Stat. § 44-1210(a). Any employer who pays an employee less than the wages to which such employee is entitled shall be liable to the employee for the full amount of such wages and for costs and reasonable attorney fees as may be allowed by the court. Kan. Stat. § 44-1211(a).
Kansas Act Against Discrimination
Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Kan. Stat. § 44-1002(b). The Act does not protect any individual employed by such individual’s parents, spouse, or child or in the domestic service of any person. Kan. Stat. § 44-1002(c).
Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. Kan. Stat. § 44-1005(k). |
KENTUCKY |
Only federal protections apply. See federal law summary.
|
Kentucky Equal Pay Law
Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. Ky. Rev. Stat. Ann. §§ 337.420(1)-(2), 337.423(1).
Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Ky. Rev. Stat. Ann. § 337.427(1).
Kentucky Civil Rights Act
Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Ky. Rev. Stat. Ann. § 344.030(2)(a)-(b). Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Ky. Rev. Stat. Ann. § 344.030(5).
Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Ky. Rev. Stat. Ann. § 344.230(2)-(3)(a), (e)-(f), (h). Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. Ky. Rev. Stat. Ann. § 244.230(4). |
LOUISIANA |
Louisiana Equal Pay for Women Act
Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. La. Rev. Stat. Ann. § 23:663(2). The Act also applies to any organizational unit of the state. La. Rev. Stat. Ann. § 23:663(3).
Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. La. Rev. Stat. Ann. § 23:666(A). |
Louisiana Equal Pay for Women Act
Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. La. Rev. Stat. Ann. § 23:663(2). The Act also applies to any organizational unit of the state. La. Rev. Stat. Ann. § 23:663(3).
Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. La. Rev. Stat. Ann. § 23:666(A).
Louisiana Employment Discrimination Law (sex discrimination provisions)
Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. La. Rev. Stat. Ann. § 23:302(2)(a)-(b).
Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303(A).
Louisiana Employment Discrimination Law (pregnancy discrimination provisions)
Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. La. Rev. Stat. Ann. § 23:302(2)(a)-(b).
Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. La. Rev. Stat. Ann. § 23:303(A). |
MAINE |
Maine Equal Pay Law
Coverage: The law does not apply to family members. Me. Rev. Stat. tit. 26, § 623.
Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Me. Rev. Stat. tit. 26, § 626-A. |
Maine Equal Pay Law
Coverage: The law does not apply to family members. Me. Rev. Stat. tit. 26, § 623.
Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Me. Rev. Stat. tit. 26, § 626-A.
Maine Human Rights Act
Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Me. Rev. Stat. tit. 5, § 4553(3). The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. Me. Rev. Stat. tit. 5, § 4553(4).
Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Me. Rev. Stat. tit. 5, § 4613(2)(B)(1), (2), (7), and (8). |
MARYLAND |
Maryland Equal Pay for Equal Work Law
Coverage: Applies to all employers and their agents, including the state. Md. Code Ann., Lab. & Empl. § 3-301(b)(1)-(2).
Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Md. Code Ann., Lab. & Empl. § 3-307(a)(2). If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Md. Code Ann., Lab. & Empl. § 3-307(e). |
Maryland Equal Pay for Equal Work Law
Coverage: Applies to all employers and their agents, including the state. Md. Code Ann., Lab. & Empl. § 3-301(b)(1)-(2).
Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Md. Code Ann., Lab. & Empl. § 3-307(a)(1). If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Md. Code Ann., Lab. & Empl. § 3-307(e).
Maryland Anti-Discrimination Law
Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Md. Code Ann., State Gov’t § 20-601(c)(1)-(2). The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. Md. Code Ann., State Gov’t § 20-601(d)(1)-(3). This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Md. Code Ann., State Gov’t § 20-604.
Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. Md. Code Ann. § 20-1009(a)(2)(i)-(ii). The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. |
MASSACHUSETTS |
Only federal protections apply. See federal law summary.
|
Massachusetts Equal Pay Law
Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Mass. Gen. Laws ch. 149, § 1.
Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Mass. Gen. Laws ch. 149, § 105A. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Mass. Gen. Laws ch. 149, § 105B.
Massachusetts Anti-Discrimination Law
Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Mass. Gen. Laws ch. 151B, § 1(5)-(6).
Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Mass. Gen. Laws. ch. 151B, § 5. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Mass. Gen. Laws ch 151B, § 5. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Mass. Gen. Laws ch. 151B, § 5. |
MICHIGAN |
Michigan Pay Transparency Law
Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. “Employee” means an individual employed by an employer. Mich. Comp. Laws § 408.471(c)-(d).
Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Mich. Comp. Laws § 408.481(1). An employer who violates this law is guilty of a misdemeanor. Mich. Comp. Laws § 408.484. |
Michigan Equal Pay Law Coverage: Applies to any employer of labor in the state, employing both males and females. Mich. Comp. Laws § 750.556.
Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Mich. Comp. Laws § 750.556.
Michigan Civil Rights Act
Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Mich. Comp. Laws § 37.2201(a). Individuals employed by their parents, spouse, or child are not protected. Mich. Comp. Laws § 37.2202(3).
Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. Mich. Comp. Laws § 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). |
MINNESOTA |
Minnesota Pay Transparency Law
Coverage: No specific coverage provision.
Remedies: An employee may bring a civil action against an employer for a violation of this law; if a court finds that an employer has violated the law, the court may order reinstatement, back pay, and the expungement of any related adverse records of an employee who was the subject of the violation. Minn. Stat. § 181.172(e). |
Minnesota Equal Pay for Equal Work Law
Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Minn. Stat. § 181.66(2). The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. Minn. Stat. § 181.66(3).
Remedies: Any employee whose compensation is at a rate that is in violation of § 181.67 may recover against an employer he amount of the unpaid wages for the 1 year period preceding the commencement of the action, and an equivalent amount as exemplary damages. Minn. Stat. § 181.68(1). In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Minn. Stat. § 181.68(2). A violation of § 181.67 is a misdemeanor. Minn. Stat. § 181.70.
Minnesota Human Rights Act
Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Minn. Stat. § 363A.03(15); Minn. Stat. § 363A.20(1). The Act also applies to any employer who has 1 or more employees. Minn. Stat. § 363A.03(16).
Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Minn. Stat. § 363A.29(3). The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Minn. Stat. § 363A.29(4)(a). |
MISSISSIPPI |
Only federal protections apply. See federal law summary.
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Only federal protections apply. See federal law summary.
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MISSOURI |
Only federal protections apply. See federal law summary.
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Missouri Equal Pay Law
Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Mo. Rev. Stat. § 290.400(2), (4).
Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Mo. Rev. Stat. § 290.440.1-2
Missouri Human Rights Law
Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. Mo. Rev. Stat. § 213.010(7).
Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Mo. Rev. Stat. § 213.075.11(1). If, the commission does not act on an employee’s complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Mo. Rev. Stat. § 213.111.1-2. |
MONTANA |
Only federal protections apply. See federal law summary.
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Montana Equal Pay Law
Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Mont. Code Ann. § 39-3-104(1).
Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Mont. Code Ann. § 39-3-104(2).
Montana Human Rights Law
Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Mont. Code Ann. § 49-2-101(10)(a), (11).
Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employer’s future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Mont. Code Ann. § 49-2-506(1)(a)-(c). Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. Mont. Code Ann. § 49-2-601. |
NEBRASKA |
Only federal protections apply. See federal law summary.
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Nebraska Equal Pay Law
Coverage: Applies to any employer engaged in an industry who has 2 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Neb. Rev. Stat. § 48-1220(2).
Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Neb. Rev. Stat. § 48-1223(1)-(2). Additionally, a court may order other affirmative action as appropriate. Neb. Rev. Stat. § 48-1223(5).
Nebraska Fair Employment Practice Act
Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Neb. Rev. Stat. § 48-1102(2). The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Neb. Rev. Stat. § 48-1103(1)-(2).
Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Neb. Rev. Stat. § 48-1119(4). |
NEVADA |
Only federal protections apply. See federal law summary.
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Nevada Equal Pay Law
Coverage: Applies to all employer and all employees. Nev. Rev. Stat. §§ 608.010, 608.011
Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. Nev. Rev. Stat. §§ 608.180, 608.195(2).
Nevada General Anti-Discrimination Law
Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Nev. Rev. Stat. § 613.310(2)(a)-(c). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Nev. Rev. Stat. § 613.320(1)(a)-(b).
Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Nev. Rev. Stat. §§ 613.405, 613.420. The law does not provide for specific remedies or penalties for unlawful employment practices. See Nev. Rev. Stat. §§ 613.310-613.435. |
NEW HAMPSHIRE |
New Hampshire Equal Pay Law
Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. N.H. Rev. Stat. Ann. § 275:36.
Remedies: No remedies specific to violations of this provision. |
New Hampshire Equal Pay Law
Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. N.H. Rev. Stat. Ann. § 275:36.
Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. N.H. Rev. Stat. Ann. § 275:39. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. N.H. Rev. Stat. Ann. § 275:40.
New Hampshire General Anti-Discrimination Law
Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. N.H. Rev. Stat. Ann. § 354-A:2(VI)-(VII).
Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. N.H. Rev. Stat. Ann. § 354-A:21(II)(d). |
NEW JERSEY |
New Jersey Law Against Discrimination
Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. N.J. Rev. Stat. Ann. § 10:5-5(e)-(f).
Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a(a)-(c). |
New Jersey Equal Pay Law
Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. N.J. Stat. Ann. § 34:11-56.1(a)-(b).
Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorney’s fees as may be allowed by the court. N.J. Stat. Ann. § 34:11-56.8. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. N.J. Stat. Ann. § 34:11-56.6.
New Jersey Law Against Discrimination
Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. N.J. Stat. Ann. § 10:5-5(e)-(f).
Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. N.J. Stat. Ann. § 10:5-14.1a(a)-(c). |
NEW MEXICO |
Only federal protections apply. See federal law summary.
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New Mexico Fair Pay for Women Act
Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. N.M. Stat. Ann. § 28-23-2(D)-(E).
Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. N.M. Stat. Ann. § 28-23-4(A)(1). The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. N.M. Stat. Ann. § 28-23-4(B). An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employee’s unpaid wages and the damages from retaliation; all other actual damages; and treble damages. N.M. Stat. Ann. § 28-23-6(A)(1)-(3). Additionally, the employer may also be liable to the employee for punitive damages. N.M. Stat. Ann. § 28-23-6(C).
New Mexico Human Rights Act
Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. N.M. Stat. Ann. § 28-1-2(B), (E).
Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorney’s fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. N.M. Stat. Ann. § 28-1-11(E) |
NEW YORK |
New York Equal Pay Law
Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. N.Y. Lab. Law § 190(3).
Remedies: No specific remedies provision. |
New York Equal Pay Law
Coverage: Applies to all employers but does not apply to governmental agencies. N.Y. Lab. Law § 190(3).
Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. N.Y. Lab. Law § 197. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. N.Y. Lab. Law § 198(1-a). Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. N.Y. Lab. Law § 198-a(1).
New York Human Rights Law
Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. N.Y. Exec. Law § 292(5)-(6).
Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. N.Y. Exec. Law § 297(4)(c)(i)-(ii), (vi). |
NORTH CAROLINA |
Only federal protections apply. See federal law summary.
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North Carolina Equal Employment Practices Act
Coverage: Applies to employers that regularly employer 15 or more employees. N.C. Gen. Stat. § 143-422.2.
Remedies: No specific remedies provision. |
NORTH DAKOTA |
Only federal protections apply. See federal law summary.
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North Dakota Equal Pay Law
Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. N.D. Cent. Code § 34-06.1-02(2)-(3).
Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. N.D. Cent. Code § 34-06.1-05(1). The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. N.D. Cent. Code § 34-06.1-05(2). Any employer who violates any provision of this law is guilty of a class B misdemeanor. N.D. Cent. Code § 34-06.1-09.
North Dakota Human Rights Law
Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officer’s political staff. N.D. Cent. Code § 14-02.4-02(7)-(8), (13).
Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. N.D. Cent. Code § 14-02.4-20. |
OHIO |
Only federal protections apply. See federal law summary.
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Ohio Minimum Fair Wage Standards Law
Coverage: The terms “employer” and “employee” have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Ohio Rev. Code Ann. § 4111.14(B). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1).
Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. Ohio Rev. Code Ann. § 4111.17(D).
Ohio General Anti-Discrimination Law
Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Ohio Rev. Code Ann. § 4112.01(A)(2)-(3).
Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Ohio Rev. Code Ann. § 4112.99. |
OKLAHOMA |
Only federal protections apply. See federal law summary.
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Oklahoma Equal Pay Law
Coverage: Applies to any employer within the state. Okla. Stat. tit. 40, § 198.1.
Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. Okla. Stat. tit. 40, § 198.2.
Oklahoma General Anti-Discrimination Law
Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Okla. Stat. tit. 25, § 1301(1)(a)-(b). However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Okla. Stat. tit. 25, §§ 1302(B), 1307.
Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorney’s fee. Okla. Stat. tit. 25 § 1350(G)-(H). |
OREGON |
Oregon General Anti-Discrimination Law
Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individual’s parents, spouse, or child, or any individual in the domestic service of any person. Or. Rev. Stat. § 659A.001(3)-(4)(a).
Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Or. Rev. Stat. § 659A.885(1). |
Oregon Equal Pay Law
Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Or. Rev. Stat. § 652.210(1)-(2). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Or. Rev. Stat. § 652.210(1).
Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. Or. Rev. Stat. § 652.230(1)-(2).
Oregon General Anti-Discrimination LawProtection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Or. Rev. Stat. §§ 659 A.029, 659A.030(1)(b). Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individual’s parents, spouse, or child, or any individual in the domestic service of any person. Or. Rev. Stat. § 659A.001(3)-(4)(a).Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Or. Rev. Stat. § 659A.885(1). |
PENNSYLVANIA |
Only federal protections apply. See federal law summary.
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Pennsylvania Equal Pay Law
Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. 43 Pa. Cons. Stat. § 336.2(a)-(b).
Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. 43 Pa. Cons. Stat. § 336.5(a). Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. 43 Pa. Cons. Stat. § 336.8(a).
Pennsylvania Human Relations Act
Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals’ parents, spouse, or child. 43 Pa. Cons. Stat. § 954(b)-(c).
Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. 43 Pa. Cons. Stat. § 959(f)(1). An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employee’s complaint. 43 Pa. Cons. Stat. § 962(c)(1). |
RHODE ISLAND |
Only federal protections apply. See federal law summary.
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Rhode Island Equal Pay Law
Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. 28 R.I. Gen. Laws § 28-6-17(b)-(c).
Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. 28 R.I. Gen. Laws § 28-6-20. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. 28 R.I. Gen. Laws § 28-6-21.
Rhode Island Fair Employment Practices Act
Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. 28 R.I. Gen. Laws § 28-5-6(7)-(8).
Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorney’s fees may be granted for the employee. 28 R.I. Gen. Laws § 28-5-24(a)(1), (3). If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. 28 R.I. Gen. Laws § 28-5-24(b). In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. 28 R.I. Gen. Laws § 28-5-29.1. |
SOUTH CAROLINA |
Only federal protections apply. See federal law summary.
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South Carolina Human Affairs Law
Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. S.C. Code Ann. § 1-13-30(d)-(e). Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offer’s personal staff. S.C. Code Ann. § 1-13-30(h).
Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. S.C. Code Ann. § 1-13-90(d)(9). |
SOUTH DAKOTA |
Only federal protections apply. See federal law summary.
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South Dakota Equal Pay for Equal Work Law
Coverage: No specific coverage provision.
Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employee’s unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. S.D. Codified Laws § 60-12-18.
South Dakota Human Relations Act of 1972
Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. S.D. Codified Laws § 20-13-1(7), (11).
Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. S.D. Codified Laws § 20-13-42. |
TENNESSEE |
Only federal protections apply. See federal law summary.
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Tennessee Equal Pay Law
Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. Tenn. Code Ann. § 50-2-201(3)-(4).
Remedies: Any employer in violation shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional amount of unpaid wages as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(1). For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(2). For a third violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional three times the amount of unpaid wages as liquidated damages. Tenn. Code Ann. § 50-2-204(a)(3). The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorney’s fee and cost of the action to be paid by the employer. Tenn. Code Ann. § 50-2-204(b). Any employer who violates this law commits a Class A misdemeanor. Tenn. Code Ann. § 50-2-206.
Tennessee Human Rights Law
Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. Tenn. Code Ann. §§ 4-21-102(5), 4-21-405.
Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Tenn. Code Ann. § 4-21-305(b). Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorney’s fee. Tenn. Code Ann. § 4-21-306(a)(1), (7). There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. Tenn. Code Ann. § 4-21-313(a)(1)-(6), (b). |
TEXAS |
Only federal protections apply. See federal law summary.
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Texas Equal Work, Equal Pay Law
Coverage: No specific coverage provision.
Remedies: No specific remedies provision.
Texas General Anti-Discrimination Law
Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Tex. Lab. Code § 21.002(8)(A), (D). Individuals elected to public office may be considered employers, but are not considered employees. Tex. Lab. Code § 21.002(7), (8)(C).
Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Tex. Lab. Code Ann. § 21.258(a)(1)-(2), (b)(1), (5)-(6). On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. Tex. Lab. Code Ann. § 21.2585(a)(1)-(2), (b)-(c). Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Tex. Lab. Code Ann. § 21.2585(d)(1)-(4). |
UTAH |
Only federal protections apply. See federal law summary.
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Utah Antidiscrimination Act
Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Utah Code Ann. § 34A-5-102(i)(i)(A), (D), (ii)(A)-(C).
Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorney’s fees, and costs. Utah Code Ann. § 34A-5-107(9)(a), (b)(i)-(iv). If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Utah Code. Ann. § 34A-5-107(10). The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Utah Code Ann. § 34A-5-107(17)(a).
Utah State Personnel Management Act
Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under § 67-19-12. See Utah Code Ann. § 67-19-3(3), (5), (10). Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. See Utah Code Ann. 67-19-12(a), (b), (g).
Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Utah Code Ann. § 67-19-29. |
VERMONT |
Vermont Fair Employment Practices Law
Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Vt. Stat. Ann. tit. 21, § 495d(1).
Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Vt. Stat. Ann. § 495b(b). |
Vermont Fair Employment Practices Law
Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Vt. Stat. Ann. tit. 21, § 495d(1).
Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. Vt. Stat. Ann. § 495b(b). Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. Vt. Stat. Ann. § 495b(c). |
VIRGINIA |
Only federal protections apply. See federal law summary.
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Virginia Equal Pay Law
Coverage: Does not apply to employers covered by the Fair Labor Standards Act. Va. Code Ann. § 40.1-28.6. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1).
Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Va. Code Ann. § 40.1-28.6. |
WASHINGTON |
Only federal protections apply. See federal law summary.
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Washington Equal Pay Law
Coverage: Applies to all employers, including the state, and all employees except for individuals between the ages of 16 and 21 who are employed as players for junior ice hockey teams. Wash. Rev. Code § 49.12.005(3)(b), (4).
Remedies: Violation of this section is a misdemeanor, and if any female employee shall receive less compensation because of being discriminated against on account of her sex, and in violation of this section, she shall be entitled to recover in a civil action the full amount of compensation that she would have received had she not been discriminated against. Wash. Rev. Code § 49.12.175.
Washington Law Against Discrimination
Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Wash. Rev. Code § 49.60.040(10)-(11).
Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Wash. Rev. Code Ann. § 49.60.250(5). |
WEST VIRGINIA |
Only federal protections apply. See federal law summary.
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West Virginia Equal Pay for Equal Work Law
Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. W. Va. Code § 21-5B-1(1). Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. W. Va. Code. § 21-5B-1(2).
Remedies: Any employee whose compensation is at a rate that is in violation of § 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. W. Va. Code. § 21-5B-4(1)-(2). Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. W. Va. Code § 21-5B-5.
West Virginia Equal Pay for Equal Work for State Employees Law
Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. W. Va. Code, § 21-5E-1(1)-(2).
Remedies: Any employee whose compensation is at a rate that is in violation of § 21-5E-3 may file a grievance. W. Va. Code. § 21-5E-4(a).
West Virginia Human Rights Act
Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. W. Va. Code § 5-11-3(d)-(e).
Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. W. Va. Code § 5-11-10. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. W. Va. Code Ann. § 5-11-13(b)-(c). |
WISCONSIN |
Only federal protections apply. See federal law summary.
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Wisconsin Equal Pay Law
Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. Wis. Stat. § 111.32(5)-(6)(a)-(b).
Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. Wis. Stat. § 111.39(c). |
WYOMING |
Only federal protections apply. See federal law summary.
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Wyoming Equal Pay Law
Coverage: Applies to all employees and employers, including agents of employers. Wyo. Stat. Ann. § 27-4-301(a)-(b), (f).
Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Wyo. Stat. Ann. § 27-4-303(a). Any employer who willfully violates any provision of this law shall be punished by a fine of not less than $25 nor more than $200, or by imprisonment for not less than 10 days nor more than 180 days, or by both the fine and imprisonment; each day a violation continues shall constitute a separate offense. Wyo. Stat. Ann. § 27-4-304.
Wyoming Fair Employment Practices Act of 1965
Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Wyo. Stat. Ann. § 27-9-102(b).
Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Wyo. Stat. Ann. § 27-9-103(n)(i)-(iv). |
UNITED STATES |
OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information
Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 41 C.F.R. §§ 60-1.3, 60-1.5(a)(1), (5). The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. 41 C.F.R. § 60-1.5(b)(1), (c).
Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 41 C.F.R. §§ 60-1.26(a)(2), (b)(1); 60-1.27. |
Equal Pay Act
Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. See 29 U.S.C. §§ 203(d), 206(a), 262(a). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. See 29 U.S.C. § 203(s)(1).
Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. 29 U.S.C. § 216(a). An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. 29 U.S.C. § 216(b).
Title VII of the Civil Rights Act
Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. 42 U.S.C. § 2000e(b).
Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. 42 U.S.C. § 2000e-5(e)(1), (f)(1), (g)(1). |