Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? SD South Dakota Sex Comparable work on jobs in the same location that have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. If pursuant to established seniority systems, job descriptive systems, merit increase systems, or executive training programs, which do not discriminate on the basis of sex. No state law TN Tennessee Sex Comparable work on jobs in the same establishment, the performance of which require comparable skill, effort, and responsibility, and which are performed under similar working conditions. If differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex. No state law TX Texas No state Equal Pay law; pay discrimination prohibited under nondiscrimination statute N/A N/A No state law UT Utah No state Equal Pay law; pay discrimination prohibited under nondiscrimination statute N/A N/A No state law VT Vermont Sex, race, national origin, sexual orientation, gender identity, or physical or mental condition Equal work that requires equal skill, effort, and responsibility, and is performed under similar working conditions. If pursuant to: a seniority system; a merit system; a system in which earnings are based on quantity or quality of production; or a bona fide factor other than sex, race, national origin, sexual orientation, gender identity, or physical or mental condition. An employer asserting that differential wages are paid pursuant to this subdivision shall demonstrate that the factor does not perpetuate a differential in compensation based on sex, race, national origin, sexual orientation, gender identity, or physical or mental condition; is jobrelated with respect to the position in question; and is based upon a legitimate business consideration. No. Employers may not inquire about a prospective employee’s compensation history, require past compensation meet minimum or maximum criteria, or screen an applicant based on their compensation history. If a prospective employee voluntarily discloses the information, an employer may confirm it after making an offer with compensation. VA Virginia Sex Equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions at 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 any other factor other than sex. No state law 31 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF JULY 2023
RkJQdWJsaXNoZXIy OTkwMTQ4