This law requires prohibits pay disrimination based on sex (including gender identity) or sex in combination with another protected status, specifying that employers may not pay an employee of one sex less than an employee of another sex for substantially similar work (measured as a composite of skill, effort, and responsibility). The law prohibits the use of salary history in hiring; clarifies the reasons employers can use to justify a pay difference; and requires employers to keep records of wages and job descriptions to determine if there is a pattern of wage discrepancy. Finally, the law requires employers to make reasonable efforts to announce, post, or make known all opportunities for promotion to all current employees on the same calendar day, and include a compensation range in every job posting. A successful plaintiff may recover up to three years of back pay and liquidated (double) damages, unless the employer can show the “act or omission giving rise” to the pay violations was made in good faith. While not a defense against lawsuits, employers may use evidence of a “thorough and comprehensive pay audit” with the “specific goal of identifying and remedying unlawful pay disparities” to avoid an award for liquidated (double) damages.
Comprehensive state equal pay law requiring equal pay for substantially similar work for employees of a different sex, or different sex in combination with another protected status; prohibiting employer inquiry into prior salary; adding pay transparency requirements; and providing remedies for violations of the law.