Connecticut has enacted legislation (House Bill 6380) that requires employers to, among other things, provide applicants with the wage range for positions. House Bill 6380 takes effect on October 1, 2021.
Wage Range:
Under House Bill 6380, employers are prohibited from failing/refusing to provide applicants with the wage range for a position for which they apply upon the earlier of:
- The applicant's request; or
- Prior to or at the time the applicant is made an offer of compensation.
Employers are also prohibited from failing/refusing to provide applicants with the wage range for a position upon hire, a change in the employee's position with the employer, or the employee's first request for a wage range.
Under the law, a wage range is defined as the wages the employer anticipates relying on when setting wages for a position, such as an applicable pay scale; previously determined wage ranges for the position; actual wage ranges for current employees; or the employer's budgeted amount for the position.
Standard for Pay Discrimination:
House Bill 6380 also broadens the standard used to determine whether an employer has engaged in pay discrimination based on sex. Under the revised standard, employers must provide equal pay for comparable (rather than equal) work when viewed as a composite of skill, effort and responsibility and performed under similar working conditions, unless the employer can demonstrate that the differential in pay is made pursuant to a:
- Seniority system;
- Merit system;
- System which 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.
Compliance Recommendations:
Connecticut employers should review hiring and compensation practices to ensure compliance with House Bill 6380. Please contact your dedicated service professional with any questions.