50 State Equal Pay Reference Guide - 2023 Q1 Edition

Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? CO Colorado Sex or sex in combination with disability, race, creed, color, sexual orientation, gender identity, gender expression, religion, age, national origin, or ancestry Substantially similar work, regardless of job title, based on a composite of skill, effort, and responsibility. If based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; the geographic location where the work is performed; education, training or experience reasonably related to the work in question; and travel, if the travel is a regular and necessary condition of the work performed. Employers relying on these factors must also demonstrate they are applied reasonably, account for the entire wage rate differential, and that prior wage history was not relied on to justify a disparity in current wage rates. No. Employers may not inquire about a prospective employee’s wage history or rely on a prospective employee’s wage history to determine a wage rate. Employers are also prohibited from discriminating or retaliating against a prospective employee for failing to disclose such wage history. CT Connecticut Sex Comparable work when viewed as a composite of skill, effort, and responsibility performed under similar working conditions. Pursuant to a seniority system; a merit system; a system which measures earnings by quantity or quality of production; or a differential system based upon a bona fide factor other than sex, including, but not limited to, education, training, experience, credential, skill, or geographic location. Employers must show that such factors are not based on or derived from a sex-based differential in compensation and are job-related and consistent with a business necessity. Employers may not use this defense if employees demonstrate that an alternative employment practice exists that would serve the same business purpose without producing the pay differential and the employer refused to adopt the practice. No, unless a prospective employee has volunteered such information or unless the request is pursuant to any federal or state law that specifically authorizes the disclosure or verification. The law does not prohibit an employer from inquiring about components of a prospective employee’s compensation structure, so long as the employer does not inquire about the value of the elements of such compensation structure. 9 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF MARCH 2023