50 State Equal Pay Reference Guide - 2023 Q3 Edition

Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? IN Indiana Sex Equal work on jobs the performance of which require equal skill, effort and responsibility, and which are performed under similar working conditions. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex. No state law IA Iowa Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability Equal work on jobs which require equal skill, effort and responsibility, and which are performed under similar working conditions in the same establishment. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on a factor other than sex. No state law KS Kansas Sex Work on jobs requiring equal skill, effort and responsibility, and which are performed under similar working conditions in the same establishment. If pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential based on a factor other than sex. No state law KY Kentucky Sex Comparable work on jobs within the same establishment that have comparable requirements relating to skill, effort, and responsibility. If pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex. No state law LA Louisiana No state Equal Pay law that applies to private employers; pay discrimination prohibited under nondiscrimination statute N/A N/A No state law ME Maine Effective 90 days after adjournment of current session: Sex, Race Comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility in the same establishment. If pursuant to established seniority systems or merit increase systems or difference in the shift or time of the day worked that do not discriminate on the basis of sex (or race, effective 90 days after adjournment of current session). No, employers are prohibited from asking about a job candidate’s compensation history until after a job offer including compensation terms has been presented. In addition, employers may not directly ask a candidate’s current or former employer for salary information or stop current employees from discussing their own or another employee’s wages. Employers can confirm a candidate’s past pay if the candidate voluntarily discloses it, and the law does not apply if an employer “inquires about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes.” 11 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF JULY 2023

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