Pay Equity Laws
What is pay equity?
Pay equity is a means of eliminating gender and ethnic discrimination in the wage-setting system. In this context, the criteria which employers use to determine wages must be gender- and ethnicity-neutral.
What is pay equity legislation?
The overarching purpose of pay equity legislation is to prohibit employers from discriminating on the basis of gender or ethnicity in the payment of wages. To assist candidates and clients alike throughout the hiring process, we’ve compiled relevant information associated with pay equity legislation enacted around the United States. This webpage includes updated information, including:
- Bill names
- Effective start dates
- Violations and penalties
- Exceptions related to voluntary disclosure and interview guidelines
If a state or territory is not included in the dropdown below, there is no pending legislation.
*This is not intended to be legal advice.
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Location
Statewide
Bill
HB 225
Effective
10/1/2019
Violations
Employers may not refuse to interview, hire, promote, or employ an applicant, or retaliate against applicant, because applicant does not provide compensation history.
Penalties
Damages equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation.
Voluntary Disclosure
This is not presently addressed.
Interview Guidelines
(not addressed)
Location
San Francisco
Bill
No. 170350
Effective
7/1/2018
Violations
Seek pay history of a candidate. Pay history does not include revenue, sales or other production reports.
Penalties
Warning and notice to correct for first violation; $100 for second violation; up to $200 for third violation; up to $500 for each subsequent violation; legal and equitable relief.
Voluntary Disclosure
Employers may rely on information gathered via voluntary disclosure. This is not a violation.
Interview Guidelines
Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law.
Location
Statewide
Bill
AB 168
Effective
1/1/2018
Violations
Seek a candidate’s salary history including compensation and benefits
Penalties
Salary inquiries – unpaid wages and interest, plus an equal amount as liquidated damages and attorney fees.
Voluntary Disclosure
This is not presently addressed.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
SB 1162
Effective
1/1/2023
Violations
• Seek compensation history of an external applicant.
• Rely on compensation history to determine whether to extend offer or salary offer, unless voluntary disclosure.
• Fail to provide pay-scale, meaning salary or hourly range that the employer reasonably expects to pay for the position, upon reasonable request by an applicant.
• Fail to provide pay-scale, meaning the salary or hourly range that the employer reasonably expects to pay for the position, for a current employee’s position upon request by a current employee.
• If the employer has 15 or more employees, fail to include the pay scale, meaning the salary or hourly range that the employer reasonably expects to pay for the position, in any job posting.
• If the employer has 15 or more employees and engages a third party to post job postings, fail to provide the pay-scale to the third party.
• Fail to maintain records of job title and wage history for each employee for the duration of employment plus three years after.
Penalties
Civil penalty of $100-$10,000 per violation (amount depends on totality of circumstances, including but not limited to whether employer has previous violations).
Voluntary Disclosure
Not a violation. May rely on voluntary disclosure. Prior salary cannot justify any disparity in compensation.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
Senate Bill 19-085
Effective
1/1/2020
Violations
Employers may not rely on compensation history to justify a disparity in current compensation; seek compensation history; rely on compensation history to determine compensation; discriminate or retaliate for failing to disclose salary history; retaliate against employee assisting in enforcing the act; retaliate against employee who inquires about or discloses compensation; prohibit employee from disclosing compensation; fail to disclose salary range.
Penalties
Back pay; damages equal to difference between amount paid and amount employee would have received plus liquidated damages; legal and equitable relief; costs and attorneys’ fees.
Voluntary Disclosure
Not addressed; likely violation to rely on unprompted voluntary disclosure.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
Public Act No. 18-8
Effective
01/01/2019
Violations
Inquire or direct a third party to inquire about an applicant’s compensation history
Penalties
Compensatory damages; attorney’s fees; costs; punitive damages
Voluntary Disclosure
Not a violation
Interview Guidelines
Employer may inquire about compensation structure but not the value of compensation elements
Location
Statewide
Bill
HB 1
Effective
12/14/2017
Violations
Seek pay history of a candidate from applicant or former or current employer, including benefits and other compensation.
Penalties
Salary inquiries – civil penalty from $1,000 to $5,000 for first offense; $5,000 to $10,000 for each additional violation.
Voluntary Disclosure
Employers may not rely on information, even if it is voluntarily disclosed, until employment offers have been made and accepted.
Interview Guidelines
(not addressed)
Location
District of Columbia
Bill
D.C. Bill 25-194; D.C. Act 25-367
Effective
June 30, 2024 (pending a 30-day congressional review period)
Violations
• Screen applicants based on wage history, including by requiring an applicant’s wage history to satisfy minimum or maximum criteria.
• Request or require an applicant to disclose wage history information as a condition of:
o being interviewed; or
o continuing to be considered for an offer of employment.
• Seek an applicant’s wage history from a prior employer.
Penalties
No private right of action, but Attorney General may seek injunction; compensatory damages; costs and attorneys’ fees; civil penalty of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation.
Voluntary Disclosure
(not addressed)
Interview Guidelines
(not addressed)
Location
Statewide
Bill
2017 SB No. 2351
Effective
01/01/2019
Violations
Inquire about compensation history; rely on compensation history in negotiation of employment contract unless applicant voluntarily discloses compensation history; retaliate
Penalties
Injunction; back pay; costs and attorney fees
Voluntary Disclosure
Not a violation
Interview Guidelines
Not presently addressed
Location
Statewide
Bill
Public Act 101-0177
Effective
10/29/2019
Violations
Employers may not screen applicants based on salary history; require salary history to meet a minimum or maximum criterion; seek or require pay history.
Penalties
Back pay and interest; compensatory damages; punitive damages; injunctive relief; costs and attorneys’ fees; up to $10,000; civil penalties ranging from $500 to $5000 for each violation.
Voluntary Disclosure
Not a violation, but the employer may not rely on the disclosure.
Interview Guidelines
(not addressed)
Location
New Orleans
Bill
MJL17-01
Effective
1/25/2017
Violations
Seek pay history of candidates; or question candidates about salary history during the application process
Penalties
There are no penalties at this time.
Voluntary Disclosure
This is not presently addressed.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
Legislative Document 278
Effective
10/17/2019
Violations
Employers may not use or inquire about compensation history of an applicant, either directly from the applicant or from a current or former employee, before offer with all terms of compensation has been “negotiated and made to the prospective employee”. It is not a violation to inquire about compensation history if the employer is required to do so pursuant to any federal or state law that specifically requires compensation history for employment purposes.
Penalties
$100-$500 per violation, BUT a single violation is also evidence of unlawful employment discrimination, which could support a claim to the Maine Human Rights Commission.
Voluntary Disclosure
Not addressed; likely violation to rely on unprompted voluntary disclosure.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
HB 123
Effective
10/01/2020
Violations
Employers must provide a wage range for the position upon inquiry. They cannot retaliate because an applicant did not provide wage history or requested the wage range. It is also a violation for employers to rely on wage history in screening, determining wages or seek wage history orally, in writing or through current/former employer.
Penalties
Letter compelling compliance for first violation; civil penalty up to $300 for each applicant for whom employer is not in compliance for second violation; civil penalty up to $600 for each applicant for whom employer is not in compliance for each subsequent violation.
Voluntary Disclosure
Not a violation, but employer still may not rely on this information.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
2017 Chapter 177
Effective
7/1/2018
Violations
Seek a candidate’s salary history; condition an interview or consideration of an offer on the disclosure of salary history
Penalties
Salary inquiries and unfair pay – unpaid wages and interest, plus an equal amount of those wages and interest as liquidated damages; attorney fees.
Voluntary Disclosure
This is not presently addressed.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
S.F. 2909
Effective
1/1/2024
Violations
• Seek compensation history from an applicant—including external applicants and current employees seeking an internal promotion or transfer—for the purpose of determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Consider compensation history in determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Require disclosure of compensation history in determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Violations include inquiring into, considering, or requiring disclosure from any source (including, in the case of a current employee seeking an internal promotion or transfer, the hiring manager’s knowledge of the applicant’s current compensation, or the company’s human resources department or another division) of the pay history of an applicant for employment for the purposes of determining wages, salary, earnings, benefits, or other compensation for that applicant.
Penalties
Civil penalty to be determined by an administrative law judge; damages for mental anguish or suffering; costs and attorneys’ fees; punitive damages up to $25,000; back pay; hiring, reinstatement, or upgrading other relief as determined by the judge.
Voluntary Disclosure
Not a violation. The employer may consider and act on that voluntary disclosure to support a wage or salary higher than initially offered to the applicant.
Interview Guidelines
(not addressed)
Location
Kansas City
Bill
Ordinance No. 190380
Effective
10/31/2019
Violations
Employers with six or more employees may not inquire about an applicant’s salary history; screen job applicants based on their current compensation or salary histories, including any requirement that prior compensation or salary history satisfy minimum or maximum criteria; rely on an applicant’s salary history in deciding whether to offer employment, or in determining compensation during the hiring process, including the negotiation of the employment contract; refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary.
Penalties
Fine of up to $500.00, imprisonment of up to 180 days, or a combination thereof.
Voluntary Disclosure
Not a violation.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
NV LEGIS 293
Effective
10/1/2021
Violations
Seek compensation history from applicant; rely on compensation history to determine offer or rate of pay; retaliate; not providing compensation rate to applicant after completing interview or to current employee seeking promotion / transfer if asked.
Penalties
Not more than $5,000 administrative penalty for each violation; costs and attorneys’ fees; civil remedies available under Title VII.
Voluntary Disclosure
Not addressed but employer still may not rely on this information.
Interview Guidelines
(not addressed)
Location
Jersey City
Bill
Ordinance No. 22-036, § 148-4.1
Effective
4/13/2022
Violations
For employer with 5+ employees to
• Screen job applicants based on their current compensation, or salary histories, including requiring that an applicant’s prior compensation or salary history satisfy minimum or maximum criteria.
Penalties
Violations to be reported to Office of Code Compliance.
Voluntary Disclosure
(not addressed)
Interview Guidelines
(not addressed)
Location
Statewide
Bill
A1094
Effective
1/1/2020
Violations
Employers may not screen an applicant based on applicant’s compensation history; require applicant’s compensation to satisfy any criteria; consider or retain publicly available compensation history.
Penalties
Civil penalty not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation; back pay; treble damages; costs and attorneys’ fees.
Voluntary Disclosure
Not a violation. Applicant may provide pay history to employment agency, but agency cannot report history without written consent.
Interview Guidelines
(not addressed)
Location
Albany
Bill
Local Law No. P for 2016
Effective
12/17/2017
Violations
Employers of at least four employees may not seek pay history of a candidate from any current or former employer.
Penalties
Compensatory damages, reinstatement (with or without back pay) and oversight by Albany Commission on Human Rights. Potential private right of action.
Voluntary Disclosure
This is not presently addressed.
Interview Guidelines
(not addressed)
Location
New York City
Bill
Intro. 1253
Effective
10/31/2017
Violations
Seek pay history of a candidate, including wages, benefits and other compensation; search for publicly available records to obtain compensation history; or rely on salary history during any stage of the hiring process unless disclosed willingly
Penalties
Salary inquiries – up to $125,000 for civil penalties; up to $250,000 for “intentional malicious violations”.
Voluntary Disclosure
Employers may rely on information gathered through voluntary disclosure. This is not a violation.
Interview Guidelines
Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law.
Location
Statewide
Bill
2019-6549
Effective
1/6/2020
Violations
Employers may not rely on applicant’s compensation history in determining whether to hire an applicant, or wages or salary for that individual; seek or require pay history as condition of offer of employment, or of employment or promotion; seek or require pay history from a current or former employer; retaliate based on pay history; retaliate because of refusal to provide pay history.
Penalties
An applicant, or a current or former employee, may bring a civil action for damages sustained as a result of the violation. The court may award injunctive relief and reasonable attorneys’ fees.
Voluntary Disclosure
Not a violation.
Interview Guidelines
(not addressed)
Location
Suffolk County, New York
Bill
“RISE” Act
Effective
6/30/2019
Violations
May not inquire about applicant’s compensation history, seek compensation history of a candidate from any publicly available record search, or rely on compensation history to determine wages.
Penalties
Civil penalty of $5,000 for the first offense, $10,000 for the second offense, and $20,000 for the third offense; diversity training.
Voluntary Disclosure
This is not presently addressed. Not a violation if done to comply with federal, state, or local laws which mandate salary disclosures for employment purposes.
Interview Guidelines
(not addressed)
Location
Westchester County, New York
Bill
Wage History Anti-Discrimination Law
Effective
7/9/2018
Violations
Employers of at least four employees may not seek pay history of a candidate from any current or former employer.
Penalties
Reinstatement, back pay, compensatory damages, costs, reasonable attorney’s fees, punitive damages, oversight by Westchester County Human Rights Commission. Potential private right of action.
Voluntary Disclosure
Not a violation to rely on a voluntary disclosure to set compensation.
Interview Guidelines
(not addressed)
Location
Cincinnati
Bill
Ordinance No. 83-2019
Effective
3/13/2020
Violations
Employers with 15+ employees may not inquire about an applicant’s salary history, screen job applicants based on their current compensation or salary histories, rely on an applicant’s salary history in deciding whether to offer employment or in determining compensation during the hiring process, including the negotiation of the employment contract. Employers also may not refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary or refuse pay scale upon reasonable request from applicant who has conditional offer of employment.
Penalties
Compensatory damages, reasonable attorney’s fees, costs of the action, and such other legal and equitable relief.
Voluntary Disclosure
Not a violation.
Interview Guidelines
May discuss a candidate’s compensation expectations with respect to salary, benefits and other forms of compensation.
Location
Columbus
Bill
Ordinance No. 0709-2023
Effective
3/1/2024
Violations
For an employer with 15+ employees in the city, or its agent, to
• Ask about an applicant’s salary history, which includes current or prior wages, benefits, or other compensation. Salary history does not include any objective measure of the applicant’s productivity, such as revenue, sales, or other production reports.
• Screen job applicants based on their current or prior wages, benefits, or other compensation.
• Rely solely on the applicant’s salary history in deciding whether to offer employment or in determining wages, benefits, or other compensation for the applicant.
• Refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing salary history to an employer.
Penalties
Civil penalty of up to $5,000; applicants may file administrative complaint with the Columbus Community Relations Commission.
Voluntary Disclosure
(not addressed)
Interview Guidelines
(not addressed)
Location
Toledo
Bill
O-173-19
Effective
6/25/2020
Violations
Employers with 15+ employees may not inquire about an applicant’s salary history, screen job applicants based on their current compensation or salary histories, rely on an applicant’s salary history in deciding whether to offer employment or in determining compensation during the hiring process, including the negotiation of the employment contract. Employers also may not refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary or refuse pay scale upon reasonable request from applicant who has conditional offer of employment.
Penalties
Compensatory damages, reasonable attorney’s fees, costs of the action, and such other legal and equitable relief.
Voluntary Disclosure
Not a violation.
Interview Guidelines
May discuss a candidate’s compensation expectations with respect to salary, benefits and other forms of compensation.
Location
Statewide
Bill
HB 2005
Effective
10/6/2017
Violations
Seek pay history of a candidate from applicant or former or current employer; or screen compensation history of an applicant and determine salary offer based on compensation history
Penalties
Salary inquiries and unfair pay – punitive damages and attorney’s fees
Voluntary Disclosure
Employers may rely on salary information gathered through voluntary disclosure but cannot pressure candidates for it.
Interview Guidelines
(not addressed)
Location
Philadelphia
Bill
No. 160840
Effective
5/23/2017…Enforcement begins 9/1/2020
Violations
Seek pay history of a candidate, including earnings, commissions and fringe benefits; set an interview to contract candidate’s nondisclosure of salary history; or rely on salary history during any stage of the hiring process unless disclosed willingly
Penalties
Salary inquiries – Civil penalties up to $2,000 incurred for each violation. Repeated violations will lead to imprisonment for 90 days.
Voluntary Disclosure
Employers may rely on information gathered via voluntary disclosure. This is not a violation.
Interview Guidelines
Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law. FAQ
Location
Puerto Rico
Bill
Law 16-2017
Effective
1/8/2018
Violations
Seek compensation history of an applicant before offer has been extended with terms of compensation. Compensation includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.
Penalties
Unpaid wages; punitive damages; attorneys’ fees.
Voluntary Disclosure
Not a violation.
Interview Guidelines
(not addressed)
Location
Statewide
Bill
S 0270
Effective
1/1/2023
Violations
Seek pay history of applicant; rely on pay history to screen applicants or determine salary offer; require prior wages to satisfy certain criteria; not provide wage range for position upon applicant request; retaliation
Penalties
Compensatory damages, special damages not to exceed $10,000; equitable relief; attorney’s fees and costs; up to $1,000 for first violation, up to $2,500 for second violation, up to $5,000 for subsequent violations
Voluntary Disclosure
Not a violation; may be used to support higher salary than originally offered
Interview Guidelines
(not addressed)
Location
Statewide
Bill
H.294
Effective
07/01/2018
Violations
Inquire about or seek information regarding an applicant’s compensation history from the applicant or that applicant’s employer(s); require that an applicant’s past compensation satisfy certain criteria; rely on applicant’s compensation history for interviewing
Penalties
Injunction; civil penalty up to $10,000 per violation; back pay; costs; compensatory damages; punitive damages; reinstatement; attorney fees
Voluntary Disclosure
Not a violation
Interview Guidelines
Employers may confirm compensation history after an offer has been extended with terms of compensation
Location
Statewide
Bill
House Bill 1696
Effective
7/28/2019
Violations
Employers may not rely seek compensation history; require compensation history meet certain criteria. For employers with 15+ employees: fail to provide minimum salary after initial offer upon request of applicant; fail to provide compensation range after transfer offer upon request of employee, or minimum salary if no range exists.
Penalties
Actual damages; statutory damages equal to actual damages or $5000, whichever greater; interest; costs; other relief; reinstatement. Civil penalty up to $500 for first violation; up to $1000 or 10% of damages, whichever greater, for repeat.
Voluntary Disclosure
Employer may confirm compensation history if voluntarily disclosed.
Interview Guidelines
(not addressed)