Brief Protections in the Workplace: Equal Pay and Age Discrimination

Age discrimination: Employers can't discriminate based on age, including in compensation.

Equal pay law: Effective Aug. 1, 2019, employers can't pay wage rates to employees of one sex or race that are lower than wage rates paid to employees of another sex or race for equal work that requires equal skill, effort, education, experience, and responsibility, subject to certain conditions.

Until January 1, 2021, employers can't discriminate solely based on sex in the amount of wages or salary paid to employees. Effective January 1, 2021, employers must not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status under the fair employment practices law, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work.

Employers also can't discriminate in compensation against qualified employees or applicants based on disability, race, creed, color, sex, sexual orientation, religion, age (40 and older), national origin, or ancestry. In addition, employers can't discriminate in compensation against employees or applicants with disabilities because they are accompanied by a service animal that is individually trained for them.

>Employers can't require employees to refrain from disclosing their wages as a condition of employment. Effective January 1, 2021, employers must not seek the wage rate history of a prospective employee or rely on the wage rate history of a prospective employee to determine their wage rate. Employers also may not use wage history to justify paying employees of one sex a wage rate less than the wage rate of employees of a different sex for substantially similar work.

Colo. Rev. Stat. §§ 8-5-102, 24-34-402

Employers can't discriminate in compensation solely based on employees' sex. They also can't pay employees of one sex at wage rates that are lower than the wage rates paid to employees of the opposite sex for equal work that requires equal skill, effort, and responsibility under similar working conditions. Unless there is a bona fide occupational qualification or need, employers can't discriminate in compensation based on protected classes under the fair employment practices law. Employers can't prohibit employees from disclosing or discussing their wages or other employees' wages. Employers can't inquire about applicants' wage or salary history unless the applicant has voluntarily disclosed such information.

Conn. Gen. Stat. §§ 31-40z, 31-75, 31-76, 46a-60

Employers can't discriminate in the payment of wages based on race, religion, or sex. Employers also can't discriminate against employees based on sex by paying employees of one sex at wage rates that are less than those paid to employees of the opposite sex for equal work that requires equal skill, effort, and responsibility under similar work conditions in the same establishment. In addition, employers can't discriminate in compensation based on protected classes under the fair employment practices law.

Effective Jan. 1, 2019, employers can't prohibit employees from disclosing their wages, discussing or inquiring about other employees' wages, or aiding or encouraging other employees to exercise these rights. Employers can't inquire about applicants' salary history or rely on it to determine their salary, benefits, or other compensation during the hiring process, unless they disclose this information voluntarily and without prompting.

Employers can't discriminate based on gender in the payment of wages. They also can't pay employees of one gender at salary or wage rates that are less than the rates paid to employees of a different gender for comparable work. In addition, employers can't discriminate in compensation based on protected classes under the fair employment practices law, unless this discrimination is based on a bona fide occupational qualification.

Employers can't prohibit employees from asking about, discussing, or disclosing information about their wages or other employees' wages. Employers also can't seek applicants' wage or salary history from them or their current or former employers, unless an offer of employment with compensation has been negotiated and made, and can't require that this history meet certain criteria.

Employers can't discriminate in compensation based on protected classes under the fair employment practices law. Until Oct. 8, 2019, under the equal pay law, employers can't pay wage rates to employees of one sex that are lower than the wage rates paid to employees of the opposite sex for equal work that requires equal skill, effort, and responsibility under similar working conditions in the same establishment. Effective Oct. 8, 2019, the state's equal pay law prohibits employers from paying employees or interns who are members of protected classes under the fair employment practices law at wage rates that are lower than the wage rates paid to employees or interns who aren't members of the same protected classes for:• equal work that requires equal skill, effort, and responsibility under similar working conditions in the same establishment; or

• substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions in the same establishment.

Certain exceptions apply where the pay differential is based on a seniority system, merit system, or a system that measures earnings by quantity or quality of production, or where the differential is based on a bona fide factor other than protected class status.

Effective Jan. 6, 2020, employers can't rely on applicants' salary history in deciding whether to offer them employment or determining their salary, and can't seek, request, or require applicants' or employees' salary history as a condition of employment or promotion. In addition, employers can't prohibit employees from asking about, discussing, or disclosing their wages or other employees' wages.

Employers cannot discriminate in pay based on protected status categories under the fair employment practices law.summary.

Utah Code Ann. § 34A-5-106

It is prohibited for employers to pay employees of one sex wage rates that are lower than the wage rates paid to employees of another sex for equal work that requires equal skill, effort, and responsibility, and that is performed in the same workplace under similar working conditions. It is unlawful employers to discriminate in compensation based on protected classes under the fair employment practices law.

Va. Code Ann. §§ 2.2-3904 to 2.2-3905 , 40.1-28.6

Employers can't discriminate based on age.

Employers cannot discriminate against qualified employees or applicants based on age (40 and older), unless age is a bona fide occupational qualification or discrimination is based on reasonable factors other than age. Employers also cannot discriminate based on age among employees and applicants in the protected age group.

Colo. Rev. Stat. §§ 24-34-301, 24-34-401, 24-34-402 (see Smart Code® for the latest cases)

3 Colo. Code Regs. § 708-1-10.2

Employers can't discriminate based on age, unless there is a bona fide occupational qualification or need. Retirement or pension plans can't exclude employees or cease or reduce their benefit accruals or allocations based on age.

Conn. Gen. Stat. § 46a-60

Employers can't discriminate based on age, except as permitted for certain bona fide occupational qualifications.

Employers can't discriminate based on age (40 and older), unless there is a valid business necessity for this discrimination. Employers also can't set arbitrary age limits for employment or make pre-employment inquiries that discriminate based on age, unless these limits or inquiries are based on bona fide occupational requirements.

Employers can discriminate based on age if differentiations also are based on necessary factors other than age. Employers also can observe the terms of retirement plans or benefit systems that differentiate costs based on age if these plans or systems weren't created to evade the age discrimination prohibitions; however, the plans or systems can't require or permit involuntary retirement and can't be used to justify a failure to hire. In addition, employers can compel the retirement of employees who are age 65 or older if they are an executive or other high-ranking employee for the two-year period immediately preceding retirement and they are entitled to an immediate, nonforfeitable, annual retirement benefit of at least $44,000 from pension, profit-sharing, savings, or deferred compensation plans.

Employers must communicate the essential terms of seniority systems to affected employees.

Employers can't discriminate based on age (40 and older), unless this discrimination is based on a bona fide occupational qualification. Employers also can't discharge employees over age 40 or refuse to employ applicants over age 40 because of their age, except as permitted by the retirement provisions. Employers can mandate retirement for employees, age 65 or older, under certain conditions.

Employers can't discriminate based on age (18 and older). Employers generally can't require employees to retire based on age, unless age is a bona fide occupational qualification that is reasonably necessary to normal business operations.

Employers cannot discriminate based on age (40 and older). Employers can compel the retirement of employees who have reached 65, but not 70, years of age; were an executive or other high policymaking employee for the two-year period immediately preceding retirement; and are entitled to an immediate, nonforfeiture annual retirement benefit from a pension, profit-sharing, savings or other deferred compensation plan or any combination of such plans, which total at least $44,000.

Employers can't discriminate based on age (40 and older). Employers can't discriminate in any job opening against any applicant or discharge any employee without just cause based on age. Employers can establish a bona fide job-related employment qualification;observe terms of a bona fide seniority system or employee benefit plan, such as a retirement, pension or insurance plan, that isn't created to evade discrimination prohibitions; and observe any bona fide apprenticeship program.

However, no retirement plan or system can require or permit involuntary retirement or excuse failure to hire based on age. An employer can retire an employee who has attained 65, was a bona fide executive or high policymaking employee for the two-year period immediately before retirement and is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan that, in the aggregate, equals at least $44,000.

Employers can't discriminate against employees and applicants age 40 to 70. However, in certain circumstances, employers can provide additional benefits, such as increased severance pay, to older employees.

It isn't discriminatory to require the retirement of employees age 65 or older if such employees have been employed in an executive or high policy-making position for the two-year period immediately before retirement and are entitled to an immediate annual retirement benefit that can't be forfeited and totals at least $44,000.

Age limitations for apprenticeship programs are permitted.

Employers can't discriminate based on age (40 and older), except where age is a bona fide occupational qualification reasonably necessary to the normal operation of the business or the differentiation is based on reasonable factors other than age. Employers also are permitted to observe the terms of bona fide seniority systems or employee benefit plans that aren't taken to evade the intent of the discrimination prohibitions.

Involuntary retirement of covered employees generally isn't permitted. However, compulsory retirement is permitted in the case of employees who are at least 65 and have been employed for a two-year period immediately before retirement in a bona fide executive or high policy-making position, provided that they are entitled to an immediate annual retirement benefit that isn't forfeitable and totals at least $44,000.

Employers cannot discriminate based on age (40 and older).summary.

Utah Code Ann. § 34A-5-106

It is unlawful for employers to discriminate bases on age (40 or older), unless, age is a bona fide occupational qualification reasonably related to the employer's normal operation. It is unlawful for employers with more than five but fewer than 20 employees to discharge employees on the basis of age.

Va. Code Ann. §§ 2.2-3900 to 2.2-3905