Gender-based discrimination. Connecticut wage and hour laws prohibit employers from discriminating on the basis of sex in the amount of compensation paid to any employee (CT Gen. Stat. Sec. 31-75). Employers are also prohibited from discriminating against any employee who has opposed any discriminatory compensation practice, filed a complaint, or testified or assisted in any proceeding under the law.
Under the law, compensation discrimination occurs when:
• A discriminatory compensation decision or practice is adopted,
• An individual is subject to a discriminatory compensation decision or practice, or
• An individual is affected by application of a discriminatory compensation decision or practice.
Each time reduced wages, benefits, or other compensation is paid as a result of a discriminatory decision or practice, it is considered a continuing violation of the law. This provision has the effect of resetting the statute of limitations each time an employee is issued a paycheck that reflects past discrimination.
Exceptions. Differences in pay are permitted if based on:
• A seniority system;
• A merit system;
• A system that measure earnings by quantity or quality of production; or
• A bona fide factor other than sex, such as education, training, or experience.
A bona fide factor must not be based on or derived from a sex-based differential in compensation and must be job related and consistent with business necessity. The defense is not available if an employee can show that the employer refused to adopt an existing alternative employment practice that accomplishes the same business purpose without producing the difference in pay.
An agreement between an employer and employee that the employee will work ...