Royal

Connecticut Pay Equity Law

June 21, 2021

Connecticut passed a new law regarding pay equity, which goes into effect October 1, 2021. The law requires employers to disclose the wage range for vacant positions to applicants and existing employees. For applicants, an employer must provide a wage range to the applicant when the applicant receives an offer or at the applicant’s request. For existing employees, an employer must provide a wage range for the employee’s position when the employee is hired, when the employee changes positions, or at the employee’s request.


The Act defines “wage range” as the range of wages an employer anticipates relying on when setting wages for a position. Employers can determine the wage range for a position by reference to pay scales, current or previous actual wages, or budgets.


In addition, the Act expands the concept gender wage discrimination. The new law prohibits employers from paying someone of the opposite sex less for comparable (rather than equal) work. To determine whether work is comparable, an employer considers several factors including a “composite of skill, effort, and responsibility.” However, the Act explicitly states that employers can take into account geographic location, credentials, skills, education, and training when making compensation decisions.


In light of this new legislation, employers should review their employee compensation and wage disclosure practices.


For any questions about compliance, please contact the attorneys at The Royal Law Firm. 

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The EEOC has issued guidance on what constitutes illegal DEI and its application to private employers. Employees alleging DEI-based discrimination are required to file a charge of discrimination with the EEOC to prove probable cause and be awarded a Notice of Right to Sue to pursue a suit in Federal Court under Title VII. Illegal DEI practices are when an employer or other covered entity takes any employment action influenced- in whole or in part- by race, sex, or another protected characteristic. The guidance is very clear that protected characteristics cannot have any bearing on employment action; it doesn’t matter if it’s the only factor, deciding factor, or one of many equally weighed factors. Any consideration toward a protected characteristic is illegal. Client and customer requests are not an exception unless there is a bona fide occupational qualification “reasonably necessary to the normal operation of that particular business or enterprise” in regard to religion, sex, or national origin. The limited exception of the bona fide occupational qualification is not extended to race or color. The EEOC has stated that, “depending on the facts, an employee may be able to plausibly allege or prove that a diversity or other DEI-related training created a hostile work environment by pleading or showing that the training was discriminatory in content, application, or context.” It is prudent practice to seek legal counsel to avoid prosecution under this new guidance. The attorneys at The Royal Law Firm are committed to helping employers navigate EEOC complaints and investigations. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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