New Law Requires Salary Range Disclosures, Clamps Down on Gender-Based Pay Discrimination

Connecticut employers will soon be required to disclose to job applicants and current employees the salary ranges for all positions at their companies under a new law signed by Governor Ned Lamont on June 7. Taking effect October 1, the law also expands protections against gender-based pay discrimination

Existing state law already prohibits employers from asking prospective employees about past compensation. The new law, An Act Concerning the Disclosure of Salary Ranges, makes it unlawful for an employer to:

• Fail or refuse to disclose to an applicant for employment the wage range for a position for which the applicant is applying, upon the earliest of (a) the applicant’s request or (b) prior to or at the time the applicant is made an offer of compensation.
• Fail or refuse to disclose to an employee the wage range for a position upon (a) the hiring of the employee, (b) a change in the employee’s position with the employer or (c) the employee’s first request for wage range information.

“Wage range” is defined as the range of wages an employer anticipates relying on when setting wages for the position under recruitment. This could mean an actual range of wages for employees who currently hold comparable positions, the amount that has budgeted to fill the position or previously determined wages for the position.

Individual employees and job applicants will be allowed to file lawsuits against employers who allegedly violate the law. If successful, the plaintiff can recover compensatory damages, attorney’s fees, punitive damages and other relief. A lawsuit must be filed within two years of the violation.

The new law also modifies Connecticut’s existing gender-based pay prohibition. For many years, employers have been barred from paying workers of different genders unequal pay for equal work. When the new law goes into effect, employees of different genders cannot be paid unequally for comparable work. Whether the work is “comparable” depends on multiple factors, such as the skill, effort and responsibility required for the positions. However, workers of different genders can be paid unequal amounts based on geographic location, education level, credentials and other job-related factors.

As attorneys with a long history of handling employment and labor issues for employees, we welcome the additional transparency and protection provided by the new law. We can help employees assert their rights and hold employers accountable when needed.

If you are a public or private employee who has been discriminated against or otherwise mistreated at work, the attorneys at Gesmonde, Pietrosimone & Sgrignari, L.L.C. are here to help. To find out what we can do for you please call 203-745-0942 or contact us online and schedule a confidential consultation with one of our Hamden or East Haven lawyers.