Connecticut addresses wage ranges with HB Number 6380 entitled “An Act Concerning the Disclosure of Salary Ranges,” which goes into effect Oct. 1.
Under the new law, an employer is prohibited from:
- Failing or refusing to provide 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.
- Failing or refusing to provide an employee the wage range for the employee’s 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 a wage range.
The law defines “wage range” as: “…the range of wages an employer anticipates relying on when setting wages for a position and may include reference to any applicable pay scale, previously determined range of wages for the position, the actual range of wages for those employees currently holding comparable positions or the employer’s budgeted amount for the position.”
The Act expands Connecticut’s existing gender-based pay disparity requirements from “equal pay for
equal work” to “equal pay for comparable work”. The concept of “comparable” is based on “a composite of skill, effort, and responsibility and performed under similar working conditions.” The Act places the burden of proof on the employer for these factors if it wishes to assert them as special defenses in response to such a claim.
Employers are not allowed to prohibit employees from discussing wages with another employee or
making an inquiry to the employer about the wages of another employee. Employers may not deny employee rights through a waiver and may not inquire or direct a third party to inquire about a
prospective employee’s wage and salary history unless a prospective employee has voluntarily disclosed such information.
For further information:
AN ACT CONCERNING THE DISCLOSURE OF SALARY RANGE FOR A VACANT POSITION