The Current State of Connecticut's Pay Transparency Law

While Connecticut has not yet joined the growing number of states that require disclosure of salary ranges in job postings, specific Connecticut laws: (1) require equal pay for comparable work; (2) promote pay transparency in the workplace through required wage-range disclosures; (3) impose limits on the use of past wage history; and (4) allow open (voluntary) discussions about pay. 

More specifically, Connecticut General Statutes Section 31-75 prohibits discriminatory compensation practices on the basis of sex, and Section 31-40z prohibits penalizing employees for discussing or disclosing wage information.

Equal Pay for Comparable Work

In an effort to combat gender-based pay discrimination, Connecticut law requires equal pay for “comparable work.” Equal pay must be provided for work done using comparable skills, effort, and responsibility and performed under similar working conditions. Employers must justify such pay discrepancies between employees of different genders by showing that the difference is due to: 

• a seniority system; 
• a merit system; 
• a system that measures earnings by quantity or quality of production; or 
• a differential system based upon a bona fide factor other than sex, including, but not limited to, education, training, credential, skill, geographic location or experience.¹

Pay Transparency

Required Wage Range Disclosures

Connecticut employers with one or more employees must disclose a position’s salary range to applicants and employees in the following circumstances. 

1. To an applicant, the wage range for the position must be provided upon the earliest of either (A) the applicant’s request or (B) prior to or at the time the applicant is made an offer of compensation.
2. To a current employee, the wage range for their position must be provided 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.²

Ban on Inquiring Into Past Wages
Employers are prohibited from inquiring into a prospective employee’s wage history, unless it is authorized by another state or federal law. However, an applicant may voluntarily disclose this information.³ 

Ban on Disciplining Salary Discussions in the Workplace

Employers are prohibited from discharging, disciplining, discriminating against, retaliating against, or penalizing employees who inquire about, disclose, or discuss either:

1. their own wage rate; or
2. the wage rate of another employee who has voluntarily disclosed it.⁴

Enforcement

An employee or prospective employee may bring a civil action for claimed violations of the Connecticut Pay Transparency Law’s requirements within two years of a violation. Employers who violate this section may be found liable for compensatory damages, attorney’s fees and costs, punitive damages, and other relief as the court deems just and proper.

Takeaways

In light of these existing laws, Connecticut employers should ensure their internal procedures regarding required wage disclosures are compliant, especially during their job application process. Employers should also be aware that they may not retaliate against employees for discussing their wages amongst themselves. 

If you have any questions regarding the content of this alert, please contact Carolyn Marcotte Crowley, partner, at ccrowley@barclaydamon.com; Jenna Cutler, associate, at jcutler@barclaydamon.com; Joslin Valiyaveettil, associate, at jvaliyaveettil@barclaydamon.com; or another member of the firm’s Labor & Employment Practice Area.

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¹Conn. Gen. Stat. § 31-75. 
²Conn. Gen. Stat. § 31-40z. 
³Conn. Gen. Stat. § 31-40z. 
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