(a) No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section.
(b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for comparable work on a job, when viewed as a composite of skill, effort and responsibility and performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) 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. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.
(c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76.
(1949, 1953, S. 3016d; P.A. 09-101, S. 2; P.A. 21-30, S. 2.)
History: P.A. 09-101 designated existing provisions as Subsec. (a) and amended same to delete provision re employment practices recognizing length of service or merit rating as factor in determining wage or salary rates, added Subsec. (b) re employer's defense to complaint of discrimination in wage rate based on sex, and added Subsec. (c) re retaliation for complaint of discriminatory compensation practice; P.A. 21-30 amended Subsec. (b) by replacing “equal” with “comparable”, replacing “the performance of which requires equal” with “when viewed as a composite of”, adding “, credential, skill, geographic location” re differential pay system, and making technical changes.
Structure Connecticut General Statutes
Section 31-58a. - Minimum wage for minors in government or agricultural employment.
Section 31-59. - Investigation.
Section 31-60. - Payment of less than minimum or overtime wage. Regulations.
Section 31-61 and 31-62. - Wage board. Report and regulations.
Section 31-63. - Orders and appeal.
Section 31-64 and 31-65. - Reconsideration of wage rates. Modification of orders.
Section 31-66. - Employers' records. Orders to be posted.
Section 31-67. - Exception for person with impaired capacity.
Section 31-68a. - Enforcement of chapter.
Section 31-68b. - Reciprocal agreements.
Section 31-69a. - Additional penalty.
Section 31-69b. - Discharge, discipline, penalty or discrimination prohibited. Right of action.
Section 31-70. - Withholding wages.
Section 31-71. - Weekly payment of wages; how paid when employment ends.
Section 31-71a. - Payment of wages: Definitions.
Section 31-71c. - Payment of wages on termination of employment.
Section 31-71d. - Payment where wages disputed.
Section 31-71e. - Withholding of part of wages.
Section 31-71f. - Employer to furnish employee certain information.
Section 31-71h. - Regulations.
Section 31-71i. - Waiver of payment schedule requirement.
Section 31-71j. - Automatic enrollment retirement plans.
Section 31-71k. - Payment of wages by payroll cards. Study of payroll card usage. Regulations.
Section 31-71l. - Domestic workers education and training grants program.
Section 31-72. - Civil action to collect wage claim, fringe benefit claim or arbitration award.
Section 31-73. - Refund of wages for furnishing employment.
Section 31-74. - Wages not to be scaled.
Section 31-74a. - Computation and payment of vacation pay.
Section 31-76b. - Overtime pay: Definitions.
Section 31-76c. - Length of workweek.
Section 31-76d. - Workweek for certain establishments.
Section 31-76e. - Maximum workweek under contract or collective bargaining agreement.
Section 31-76f. - Piece rates; two or more kinds of work.
Section 31-76g. - Crediting of certain extra compensation.
Section 31-76h. - Hospital employees.
Section 31-76j. - Prior wage orders and regulations.
Section 31-76k. - Payment of fringe benefits upon termination of employment.
Section 31-76l. - Regulations.
Section 31-76m. - Remission of portion of fine or civil penalty to municipality.
Section 31-76n. - Connecticut Low Wage Employer Advisory Board. Duties. Members. Report.
Section 31-76o. - Civil action to collect past due payments to employee welfare fund.