If employers haven’t done so already, it’s time to revise job applications and interview questions to eliminate inquiries about past pay history for job applicants. As discussed in a previous post (here), in May 2018, Connecticut became one of a growing number of states to enact legislation aimed at addressing the pay inequality issue by prohibiting employers from inquiring about a prospective employee’s wage and salary history.
Although Connecticut had previously enacted pay equity legislation (Conn. Gen. Stat. 31-40z), which made it unlawful for an employer to prohibit employees from discussing their wage and salary information, recent amendment to the statute now also makes it unlawful for an employer to 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, except where such disclosure or verification is authorized by law. An employer is permitted to inquire about other elements of a prospective employee’s compensation, e.g. fringe benefits, but not the value of those elements.
Conn. Gen. Stat. 31-40z authorizes a direct cause of action for violation of the statute if brought within two years, and subjects an employer to compensatory damages, attorney’s fees and costs, as well as punitive damages if found liable.
The attorneys in the Labor and Employment Law practice group at Berchem Moses, PC are available to answer your questions on the recent amendments to Connecticut’s Pay Equity law, as well as assist you with any labor and employment related matters.