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 an analysis of the protections in each state. 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.

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). In addition to information about your state’s existing laws, these resources provide your state pay gap number, 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. 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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Includes equal pay or employment discrimination provision

Covers all or most employees

Includes protected classes in addition to sex

Prohibits retaliation/discrimination for taking legal action to secure equal pay

Prohibits retaliation/discrimination for discussing/disclosing wages

Prohibits using salary history in hiring

Makes salary range available

Prohibits job tracking based on sex

Prohibits reducing another employee’s pay to comply with law

Includes comparable work/substantially similar standard

Includes mechanism to guide and enforce pay adjustments

Narrows reasons employers can use to justify pay differences

Requires consideration of less discriminatory practices

Prohibits agreement to a lesser wage as a defense

Requires liable employer to pay employee’s damages

Requires liable employer to pay additional penalties for multiple violations

Requires liable employer to pay employee’s costs and attorney’s fees

Permits class action lawsuits or joined claims

Explicitly resets statute of limitations if continuing violation

Includes private right of action

Requires employers to keep records of wages

Requires employers to collect data on pay gap

Creates state advisory committee on pay equity

Sponsors state education and training programs, such as salary negotiation

Protections

Occupational Segregation

Defenses/ Rebuttals

Remedies

Procedures

Preventative Meatures

49

37

19

42

18

8

1

2

25

22

2

9

4

25

41

6

36

29

8

47

15

2

25

3

AL

AK

D

AZ

AR

D

CA

CO

CT

DE

Pu

DC

Pu

FL

F

GA

Pr, D,S

HI

ID

IL

IN

D,F

IA

KS

D,F

KY

F

LA

Pr

ME

MD

MA

D

MI

MN

MS

MO

MT

NE

NV

NH

D

NJ

D

NM

NY

Pu

NC

Pr,S

ND

OH

OK

OR

PA

F

RI

D

SC

S

SD

TN

F

TX

Pr,S

UT

S

VT

VA

F

WA

WV

F

WI

WY

Coverage excludes: domestic or agricultural workers (D), private employers (Pr), public employers (Pu), employers with < 4 workers (S), employers covered by federal FLSA law (F)

	Law enacted		State with strong equal pay protections		State with weak equal pay protections
	No law enacted		State with moderate equal pay protections		State with no equal pay protections

 

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!)
• Use your state policy guide as a springboard to write a letter to the editor or an op-ed calling for your elected officials 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.

For more information, contact AAUW State Policy Counsel Kate Nielson or Media Relations.

 

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