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.
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)