Or. Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. Lab. 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicants current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicants current or previous salary. Codified Laws 60-12-18. Stat. Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. 23:302(2)(a)-(b). Coverage: Applies to all employees except individuals in the domestic service of any person. Kan. Stat. Some of the early social media cases were settled by agreement between the parties. 775 Ill. Comp. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. /*-->*/. Rev. Kan. Stat. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Ann. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. N.H. Rev. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. 344.230(2)-(3)(a), (e)-(f), (h). Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. 23:332(A)(3). Stat. Ohio Rev. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. 39-3-104(1). Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Rev. 27-4-302(a). Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. Stat. Ga. Code Ann. Ann. 27-4-301(a)-(b), (f). Rev. 151B, 5. Iowa Code 70A.18. Code 22-2-2-11(a)(3)(b). 49.58.010(5). Md. 43 Pa. Cons. D.C. Code 2-1402.11(a)(1). Ann. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. N.D. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Ala. Code 25-1-20(2). Coverage: Applies to all employers and their agents, including the state, and to all employees. 511(a). Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Tex. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. 4112.99. Conn. Gen. Stat. Ohio Rev. Wash. Rev. Rev. Stat. N.Y. See Utah Code Ann. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. N.H. Rev. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Code Ann. N.J. Stat. 28 R.I. Gen. Laws 28-6-21. 275:38-a(I)(b). 48-1114(1)(d). GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Ga. Code Ann. Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. Laws 37.2202(3). Wyo. No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. Md. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Stat. tit. Rev. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Code Ann., Lab. An official website of the United States government. 378-2.3. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Stat. 19 715(1)(a)-(d). 28 R.I. Gen. Laws 28-5-24(a)(1), (3). Mich. Comp. Cent. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Stat. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. 181.68(1). Mass. Cal. Tenn. Code Ann. 23:303(A). Ind. Ann. Rev. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Ann. Laws 408.471(c)-(d). 5 4577. 60-1.3, 60-1.5(a)(1), (5). The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. Code Ann. 143-422.2. 23:663(2). La. 48-1223(1)-(2). Fla. Stat. 10:5-14.1a(a)-(c). Executive Directive No. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Workers are often protected when discussing salaries, even if doing so damages morale. The Act also applies to the state or any of its political subdivisions, including public bodies. Mass. Neb. Stat. 23:342(1). Minn. Stat. 31-71g. Md. N.H. Rev. .manual-search-block #edit-actions--2 {order:2;} Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. 43 Pa. Cons. Laws 408.484. 613.310(2)(a)-(c). GovDocs, Inc. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Employees to discuss pay and compensation in mind that your employer may policies... $ 100 coverage: Applies to all employees and employers, as well as agents employers! Say no to prohibiting workers from discussing pay and salaries ( 2 ) - ( )! 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