AAUW Policy Guide to Equal Pay in the States

The gender pay gap exists in almost every congressional district according to the most recent statistics from the U.S. Census Bureau. Passing a federal law, like the Paycheck Fairness Act or the Fair Pay Act, would help protect everyone in all states. But until that happens, each state will continue operating under antiquated regulations and piecemeal state and local laws to combat unequal pay.

How do your state and district’s equal pay protections stack up? Below you’ll find your state pay gap number, the congressional district pay gap numbers, rankings of the state’s congressional districts from narrowest to widest gap, and a road map to pay equity that includes needed state and federal actions. Download the facts for your state by clicking on your state’s name in the left-hand column of the chart below (or here for Puerto Rico). Then bring the facts to your community and elected representatives to push for stronger equal pay protections.

Equal Pay Laws by State

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Equal pay or employment discrimination law

All or most employees covered

No retaliation/discrimination for involvement in legal proceedings

No discrimination/retaliation for discussing wages

State contractors must comply with nondiscrimination laws

Can’t reduce another employee’s pay to comply with law

Pay discrimination hotline

No salary history required

Employment listings must include salary range

Can’t provide less favorable career opportunities or tracking based on sex

Clarified employer defenses for pay differences

Consider alternative employment practices that avoid pay disparity

Agreement to a lesser wage is not a defense

Employer liable for damages

Allow for a class action lawsuit or claims to be joined

Employer liable for costs and reasonable attorney’s fees

Additional penalties for multiple violations

Employers must keep records of wages

State education programs on pay disparity

State collects and publishes data on pay gap from all employers

State advisory committee on pay equity

Comparable worth law

Guidelines for designating jobs as dominated by one sex, race, or national origin

Protections

Defenses

Remedies

Preemptive Action

Comparable Worth

49

41

41

19

4

24

3

4

0

2

7

3

21

36

17

34

8

12

1

4

8

5

4

AK

AL

AR

*

AZ

CA

CO

CT

DC

DE

+

FL

F

GA

–

HI

IA

ID

IL

IN

F

KS

F

KY

F

LA

^

MA

MD

ME

MI

MN

MO

MS

MT

NC

–

ND

NE

NH

*

NJ

NM

NV

NY

OH

OK

OR

PA

F

RI

*

SC

–

SD

TN

F

TX

–

UT

–

VA

F

VT

WA

WI

WV

F

WY

			Law enacted		No law enacted
	State with no equal pay protections		State with poor equal pay protections		State with moderate equal pay protections		State with strong equal pay protections
*	Doesn’t include domestic workers	–	Exceptions for small businesses	+	Only covers private employers
^	Only covers public employers	F	No coverage if federal FLSA law applies

 

Take Action

• Download your state road map by clicking on your state’s abbreviated name in the chart above. (We have one for Puerto Rico, too!) Even members of Congress who support equal pay legislation can do more.
• Use your state road map as a springboard to write a letter to the editoror an op-ed calling for your members of Congress to take action on the pay gap.
• Become an AAUW Two-Minute Activist and tell your elected officials to support the ongoing fight for fair pay.

Here are examples of several state’s network of laws to address the gender pay gap.

Some states have more laws, some less, and two states — Alabama and Mississippi — have no equal pay laws at all. But regardless of a state’s legal framework, it is a daunting task for women to secure their basic legal right to fair pay. No matter where your state falls along the spectrum of equal pay laws, the bottom line is this: All 50 states can make improvements so that fair pay is an accessible reality for everyone.

For more information, contact AAUW State Policy Analyst Kate Nielson or Political Media Manager Amy Becker.

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