Gender-based discrimination. Connecticut wage and hour laws prohibit employers from discriminating based on 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.
To prove unlawful discrimination, an employee must show that his or her employer paid wages to employees at a rate less than the rate at which it paid employees of the opposite sex for equal work on a job requiring equal skill, effort, and responsibility performed under similar working conditions. Differences in pay are permitted if based on:
• A seniority system;
• A merit system;
• A system that measures 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 ...