State Anti-Discrimination Law Update

Date: 1/28/19
Title: State Anti-Discrimination Law Update

The most prevalent laws that have passed pertain to gender identity/sexual orientation and equal pay/salary histories

The chart below is a compilation of state anti-discrimination laws that have passed recently.   

State

Topic

Summary

Passed or Effective Date

Alaska – Anchorage

Gender Identity

No longer can restrict access to facilities, including locker rooms and bathrooms, on the basis of sex at birth rather than gender identity. [Proposition 1]

4/3/2018

Arizona – Winslow City

Gender Identity

It is unlawful to refuse to hire, refuse to employ, bar, discharge from employment or otherwise discriminate based on gender identity, sexual orientation, or familial status, in compensation or in conditions of employment. [Ordinance 1327]

11/13/2018

California

Discrimination Claims

Settlement agreements cannot prevent disclosure of factual information related to sexual harassment or discrimination claims [SB 820]; expanded the scope of “privileged communications” to protect employees making sexual harassment allegations and to protect former employees when raising credible allegations. [AB 2770]

1/1/2019

California

Harassment Training

Harassment training requirements extended to smaller employers and nonsupervisory employees. [SB 1343] 

1/1/2019

California

Accommodations

Expanded lactation accommodation requirements [AB 1976]

1/1/2019

California

Salary History

Clarification on employers’ use and consideration of salary history [AB 2282]

1/1/2019

California – San Francisco

Salary History

Prohibits prospective employers from asking about an applicant’s pay history. Makes it illegal for employers to disclose that information about a current or former employee, without written permission. [Ordinance 142-17]

7/1/2018

Connecticut

Wage or Salary Histories

Employers are prohibited from inquiring about prospective employees’ wage or salary histories. [Act 18-8]

1/1/2019

Illinois

Break Time for Nursing Mothers

The Illinois Nursing Mothers in the Workplace Act was amended to provide paid breaks to mothers who breastfeed or express milk at work.  Reasonable break time must be honored for up to one year after the child’s birth. [HB 1595]

8/21/2018

Illinois

Coverage, Sexual Harassment

The Illinois Human Rights Act expands employer liability, coverage of Act to any size employers and requires reporting and notice requirements for claims of sexual harassment.  

5/16/2018

Massachusetts

Equal Pay

Prohibits employers from paying a lower rate than paid to employees of a different gender for comparable work. Bans salary history inquiries and prohibits employers from restricting employees from sharing wage information.  [Massachusetts Equal Pay Act]

7/1/2018

Massachusetts

Pregnancy Accommodations

Obligates employers to reasonably accommodate all pregnant women and employees who need to express milk. [Pregnancy Workers Fairness Act]

4/1/2018

New Hampshire

Gender Identity

Adds gender identity and expression to protected categories in employment, housing and public spaces. [HB 1319]

5/2/2018

New Jersey

Equal Pay

Requires pay equality across all protected categories – not just gender.  [Diane B. Allen Equal Pay Act] 

7/1/2018

New York

Gender Identity

Prohibits discrimination on the basis of gender identity or expression in housing, employment and public accommodations.  Model Sexual Harassment Policy for NY employers issued in October 2018 includes harassment on the basis of gender expression, gender identity and the status of being transgender. [Gender Expression Non-Discrimination Act]

11/1/2019

Oregon

Equal Pay

Prohibits pay discrimination on the basis of protected class, as well as screening job applicants based on current or past compensation.  New posting requirements. [Equal Pay Act]

1/1/2019

Puerto Rico

Equal Pay

Bans salary history inquiries and prohibits pay discrimination based on sex among employees performing comparable work requiring the same skill, effort, or responsibilities under similar conditions. [PR Equal Pay Act 16]

3/1/2018

Vermont

Public Accommodation

Mandates all single-user restrooms in public spaces to be gender-neutral. 

5/11/2018

Washington

Pay Equity

Prohibits pay discrimination based on gender between similarly situated employees and prohibits retaliation for certain workplace. discussions that ask employees to disclose their wages. Prohibits employers from limiting or depriving career advancement based on gender by not providing access to career advancement opportunities or training. [The Equal Pay Opportunity Act]

7/7/2108

Washington

Protected Time Off: Paid Family Leave for Birth or Adoption

Entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Includes notice duties.

1/1/2020

In addition to the above, on January 17, 2019 Colorado introduced the "Equal Pay for Equal Work Act" to prohibit a wage differential based on an employee's sex.  The bill includes a salary history ban and pay transparency requirements. If passed, the law will be one of the most aggressive equal pay laws in the nation.

The foregoing has been prepared for the general information for clients and friends of Workplace Dynamics LLC and it not be represented as being all-inclusive or complete. It has been abridged from legislation, administrative rulings, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.