Alabama
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Age discrimination: Employers can't discriminate based on age, including in compensation. For more information, see Alabama Age Discrimination.
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. For more information, see Alabama Pay Discrimination.
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Alaska
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Employers can't discriminate in compensation based on race, religion, color, or national origin, which includes ancestry. They also can't discriminate in compensation based on age, physical or mental disability, sex, marital status, marital status changes, pregnancy, or parenthood, unless a distinction on that basis is required by business necessity or a position's reasonable demands. In addition, employers can't pay female employees at a lower rate than the rate paid to male employees for comparable work or for work in the same operation, business, or line of work at the same locality. For more information, see Alaska Pay Discrimination.
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Arizona
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Employers can't pay employees of one sex at wage rates that are less than the wage rates paid to employees of the opposite sex for the same quality and quantity of the same classification of work in the same establishment. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. For more information, see Arizona Pay Discrimination.
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Arkansas
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Employers can't discriminate solely based on sex in the payment of wages and compensation. For more information, see Arkansas Pay Discrimination.
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California
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Employers can't discriminate in pay based on gender. For more information, see California Pay Discrimination.
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Colorado
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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.
For more information, see Colorado Pay Discrimination.
Colo. Rev. Stat. §§ 8-5-102, 24-34-402
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Connecticut
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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
For more information, see Connecticut Pay Discrimination.
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Delaware
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Employers 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 in the same workplace. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. Employers can't prohibit employees from asking about, discussing, or disclosing their wages or other employees' wages and can't discriminate against them for doing so. Employers also can't screen applicants based on their compensation history and can't seek this information from them or their current or former employers until after they accept an employment offer that includes compensation terms. For more information, see Delaware Pay Discrimination.
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District of Columbia
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Employers can't discriminate in pay based on protected classes under the fair employment practices law. For more information, see District of Columbia Pay Discrimination.
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Florida
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Employers can't discriminate based on sex by paying employees of one sex at wage rates that are less 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. Employers also can't discriminate in compensation based on certain protected classes. For more information, see Florida Pay Discrimination.
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Georgia
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Employers can't discriminate in pay based on sex. For more information, see Georgia Pay Discrimination.
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Hawaii
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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.
For more information, see Hawaii Pay Discrimination.
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Idaho
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Employers must pay equal wages for equal work and can't use gender as a basis to set compensation. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. For more information, see Idaho Pay Discrimination.
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Illinois
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Employers can't discriminate based on sex, based on mental or physical disability, or against African-Americans in the payment of wages. Employers also can't discriminate against employees because they ask about, disclose, compare, or otherwise discuss their wages or other employees' wages. Effective Sept. 29, 2019, employers can't screen job applicants based on wage or salary history, and can't seek such information from applicants or their current or former employers unless such information is publicly available, or the applicant has voluntarily disclosed such information.
Employers can't discriminate based on sex in negotiating or establishing wages, benefits, or other compensation. Employers also can't differentiate wages or benefits based on sex among employees performing the same or substantially similar work under similar work conditions.
Employers can't employ women or minors at an oppressive and unreasonable wage. Employers also can't pay or agree to pay women or minors less than the rates applicable to them under a mandatory minimum fair wage order.
For more information, see Illinois Pay Discrimination.
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Indiana
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Employers can't discriminate in pay based on gender. For more information, see Indiana Pay Discrimination.
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Iowa
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Employers can't discriminate in pay based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. Specifically, employers can't pay wages to employees in a protected class at rates that are less than the rates paid to other employees for equal work that requires equal skill, effort, and responsibility under similar working conditions in the same establishment. For more information, see Iowa Pay Discrimination.
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Kansas
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Employers can't discriminate in pay on the basis of sex. For more information, see Kansas Pay Discrimination.
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Kentucky
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Employers can't discriminate based on sex by paying employees of one sex at wage rates that are less the wage rates paid to employees of the opposite sex for comparable work that requires comparable skill, effort, and responsibility in the same establishment. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. Separate provisions prohibit discrimination in wages or rates of pay based on disability or HIV-related test results. For more information, see Kentucky Pay Discrimination.
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Louisiana
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Employers can't discriminate in pay based on protected status categories under Louisiana fair employment practices law. For more information about pay discrimination prohibitions, see Louisiana Pay Discrimination.
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Maine
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Employers can't pay employees of one sex at wage rates that are less than the wage rates paid to employees of the opposite sex for comparable work that requires comparable skill, effort, and responsibility at the same establishment. Employers also can't discriminate in compensation based on certain protected classes under the fair employment practices law. Employers must allow employees to disclose their wages or ask about other employees' wages to enforce their rights under the equal pay law. Effective on or about Sept. 17, 2019, employers can't use or inquire about applicants'compensation histories, unless an employment offer that includes all terms of compensation has already been negotiated and made to the applicant, or disclosure or verification of compensation history is otherwise required by law. For more information, see Maine Pay Discrimination.
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Maryland
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Employers can't pay employees of one sex or gender identity at wage rates that are less than those paid to employees of the opposite sex or gender identity if they work in the same establishment and perform work that is comparable or on the same operation, in the same business, or of the same type. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. In addition, employers generally must allow employees to ask about, discuss, or disclose their wages or other employees'wages. For more information, see Maryland Pay Discrimination.
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Massachusetts
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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.
For more information, see Massachusetts Pay Discrimination.
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Michigan
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Employers can't discriminate based on pay. For more information, see Michigan Pay Discrimination.
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Minnesota
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Employers can't discriminate in pay based on sex. Employers also can't discriminate in compensation based on an employee's or applicant's status as a member of a class protected under the fair employment practices law. For more information, see Minnesota Pay Discrimination.
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Mississippi
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No data |
Missouri
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Employers can't discriminate in compensation. For more information, see Missouri Pay Discrimination.
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Montana
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Employers can't discriminate in pay based on gender. Employers also can't discriminate in compensation based on membership in a protected class. For more information, see Montana Pay Discrimination.
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Nebraska
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Employers can't discriminate in pay based on gender. For more information, see Nebraska Pay Discrimination.
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Nevada
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Employers can't discriminate in pay based on gender. Employers also can't discriminate in compensation based on protected classes under the fair employment practices law. For more information, see Nevada Pay Discrimination.
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New Hampshire
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Employers can't discriminate in pay based on sex. For more information, see New Hampshire Pay Discrimination.
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New Jersey
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Employers can't discriminate in compensation or terms, conditions, and privileges of employment based on protected classes under the fair employment practices law. Employers also can't pay employees who are members of a protected class at a rate of compensation or benefits that is less than the rate paid to other employees for substantially similar work in terms of skill, effort, and responsibility;however, they can pay different rates of compensation or benefits under certain conditions. In addition, employers can't discriminate in wage rates or payment methods based on sex. Employers can't retaliate against employees for requesting, discussing, or disclosing certain compensation-related information, and can't require them to agree not to make these requests or disclosures. For more information, see New Jersey Pay Discrimination.
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New Mexico
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Employers can't discriminate in pay based on sex. Employers also can't discriminate in compensation against otherwise qualified employees based on race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity, or pregnancy, childbirth, or related conditions, unless such discrimination is based on a bona fide occupational qualification or another statutory prohibition. For more information, see New Mexico Pay Discrimination.
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New York
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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. For more information, see New York Pay Discrimination.
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North Carolina
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Employers can't discriminate in compensation based on disability. For more information, see North Carolina Pay Discrimination.
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North Dakota
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Employers cannot discriminate based on pay. For more information, see North Dakota Pay Discrimination.
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Ohio
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Employers can't discriminate in pay based on protected status categories under the equal pay law. For more information, see Ohio Pay Discrimination.
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Oklahoma
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Employers can't discriminate in pay based on gender. For more information, see Oklahoma Pay Discrimination.
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Oregon
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Employers can't discriminate in pay based on a protected class. For more information, see Oregon Pay Discrimination.
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Pennsylvania
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Employers can't discriminate in pay based on gender. For more information, see Pennsylvania Pay Discrimination.
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Puerto Rico
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Employers can't discriminate in pay based on gender. For more information, see Puerto Rico Pay Discrimination.
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Rhode Island
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Employers can't discriminate in pay based on gender. For more information, see Rhode Island Pay Discrimination.
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South Carolina
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Employers can't discriminate in pay based on protected classes under South Carolina fair employment practices law. For more information, see South Carolina Pay Discrimination.
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South Dakota
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Employers cannot discriminate in pay based on protected status categories under South Dakota fair employment practices law. For more information, see South Dakota Pay Discrimination.
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Tennessee
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Employers can't pay employees of one sex at wage rates or salaries that are lower than the wage rates or salaries paid to employees of the opposite sex for comparable work that requires comparable skill, effort, and responsibility under similar working conditions. For more information, see Tennessee Pay Discrimination.
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Texas
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Employers can't discriminate in pay based on their membership in protected classes under the fair employment practices law. For more information, see Texas Pay Discrimination.
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Utah
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Employers cannot discriminate in pay based on protected status categories under the fair employment practices law. For more information, see Utah Pay Discrimination summary.
Utah Code Ann. § 34A-5-106
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Vermont
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Employers can't discriminate based on sex by paying employees of one sex at wage rates that are less 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. Employers also can't require employees not to disclose their wages and not to ask about or discuss other employees' wages. Employers can't ask about or seek information about applicants' current or past compensation from them or their current or former employers, except under certain conditions. For more information, see Vermont Pay Discrimination.
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Virginia
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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.
For more information, see Virginia Pay Discrimination.
Va. Code Ann. §§ 2.2-3904 to 2.2-3905 , 40.1-28.6
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Washington
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Employers can't discriminate based on gender in providing compensation to employees who are similarly employed, or discriminate based on gender by limiting employees' career advancement opportunities or depriving them of such opportunities that would otherwise be available. In addition, employers can't discriminate in compensation based on protected classes under the fair employment practices law, unless a bona fide occupational qualification applies. Employers can't require employees to refrain from disclosing their wages and can't retaliate against them for discussing their wages or other employees'wages. They also can't seek the wage or salary history of any job applicant, from the applicant or his or her current or former employer, or require that an applicant's prior wage or salary history meet certain criteria. For more information, see Washington Pay Discrimination.
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West Virginia
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Employers can't discriminate based on pay. For more information, see West Virginia Pay Discrimination.
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Wisconsin
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Employers can't discriminate in compensation based on protected classes under the fair employment practices law. Employers can solicit information about applicants' salary history. For more information, see Wisconsin Pay Discrimination.
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Wyoming
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Employers can't discriminate in pay based on gender. For more information, see Wyoming Pay Discrimination.
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