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.
Effective October 1, 2021, to prove unlawful discrimination, an employee must show that the employer paid wages to employees at a rate less than the rate at which it paid employees of the opposite sex for comparable work on a job when viewed as a composite of skill, effort, and responsibility performed under similar working conditions. Before the law was amended, proof was based on equal work rather than comparable work.
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, credential, skill, geographic location, or experience.