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.

 

Maine

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)