Equal Pay Day represents how far into the calendar women must work to earn what men made in the previous year. It’s a concrete way to illustrate how women have to work harder and longer than men just to get equal pay.

Equal Pay Day usually falls in March, though the timing varies based on how the pay gap is measured. Women working full time, year‑round earned 81 cents for every dollar earned by men, according to the American Association of University Women’s latest annual analysis of Census data. The gap is even wider for women of color, women with disabilities, and mothers, and for women working part time or seasonally.

Many states now require employers to disclose salary ranges in job postings, adding to existing protections that empower workers to confront pay inequities on the job. But too often, pay discrimination happens quietly, hidden behind secret policies, internal politics, inconsistent job classifications, and vague promotion practices.

At Outten & Golden, we believe that fair pay depends on strong legal protections and informed workers. Below is an overview of how pay equity laws operate.

You Have the Right to Be Free from Pay Discrimination

Under the federal Equal Pay Act, employers must provide equal pay to men and women who perform equal work. Some states, like California, Washington, Colorado, Hawaii, Illinois, New York, New Jersey, and Wisconsin, go further by requiring equal pay for “substantially similar” work, a broader standard that makes it harder to defend pay disparities by pointing to minor differences in roles or titles.

Title VII of the Civil Rights Act further prohibits pay discrimination based on:

• Sex (including pregnancy, sexual orientation, and gender identity)
• Race
• Color
• National origin
• Religion

Many states have their own anti‑discrimination laws that prohibit pay disparities based on protected characteristics such as sex, gender identity, sexual orientation, and family status, as well as others. These state laws often fill gaps in federal coverage and have longer statutes of limitations, giving workers additional avenues to challenge discriminatory pay practices.

You Have the Right to Discuss Your Wages

Pay secrecy allows wage gaps to persist. That is why federal law protects most private-sector employees who discuss compensation.

Under the National Labor Relations Act (NLRA), non-managerial employees generally have the right to:

• Discuss wages with coworkers
• Share information about bonuses and benefits
• Raise concerns about compensation

Many states, including New York, California, the District of Columbia, Washington, Colorado, and New Jersey, also prohibit employers from restricting employees’ ability to discuss their compensation with colleagues. These protections apply to both managers and non‑managers.

Employer policies that prohibit or discourage wage discussions may violate federal law. Pay transparency often begins with conversations.

Employers Must Have a Legitimate Reason for Pay Differences

Not all pay differences are illegal. When workers performing equal work are paid differently, the federal Equal Pay Act says employers must have a lawful, non‑discriminatory reason for the disparity, such as:

• Seniority systems
• Merit systems
• Production-based compensation
• Other legitimate business factors

Some states have stronger equal pay laws that require employers to have more than a generic explanation for pay differences. Employers may have to show that any pay difference is based on bona fide business-related factors such as education, training, or experience.

A Prospective Employer May Be Prohibited from Asking You About Prior Compensation

When employers know prior compensation, they can use that information to compress wages, perpetuating past pay discrimination. Too often a legacy of pay disparities follows women as they move from one job to the next.

To combat this, many states—like California, Colorado, the District of Columbia, Massachusetts, New Jersey, and New York—have enacted laws prohibiting employers from asking about prior compensation. Employees should focus on what they expect to be paid in the new role, not what they were paid in their last job.

You May Have the Right to Request Pay Scale and Classification Information

Pay transparency laws are expanding across the country. They currently are on the books in:

• California
• Colorado
• Connecticut
• District of Columbia
• Hawaii
• Illinois
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• New York
• Rhode Island
• Vermont
• Washington

These laws require employers to either include a pay range in job postings, disclose compensation ranges during the hiring process, or provide pay‑scale information to current employees upon request. These requirements are designed to give workers more insight into how pay is set and to help identify potential disparities.

Although federal law generally does not require employers to disclose compensation data to employees, state and local laws are creating new tools for workers to understand pay structures and challenge inequities.

You Are Protected from Retaliation for Raising Pay Concerns

It is illegal for an employer to retaliate against you for asserting your rights related to pay, including for:

• Asking about pay equity
• Filing a discrimination complaint
• Participating in an investigation
• Supporting a coworker’s wage claim

Retaliation can take many forms, including termination, demotion, reduced hours, exclusion from opportunities, or other adverse treatment that would discourage a reasonable worker from speaking up.

Importantly, retaliation protections apply even if a pay discrimination claim is ultimately unsuccessful, as long as the employee raised concerns in good faith.

There are Strict Deadlines for Pay Equity Claims

Time limits apply to pay discrimination claims, and missing a deadline can mean losing the right to bring a case. It is important to act quickly when you suspect a pay disparity, so that you can preserve your claim and the maximum amount of damages.

Under federal law:

• Title VII claims generally must be filed with the U.S. Equal Employment Opportunity Commission within 180 or 300 days, depending on the location.
• Equal Pay Act claims typically must be filed within two years (or three years if the employer’s violation was willful).

Each discriminatory paycheck may reset the clock under federal law—meaning ongoing pay disparities may still be actionable, even if they began years earlier.

State laws may provide different or extended deadlines, which can expand workers’ options. For instance, New York and New Jersey have a six-year statute of limitations.

Pay Transparency Laws Help Close the Wage Gap, but Enforcement Matters

Equal Pay Day serves as a reminder that wage gaps persist across industries. Pay transparency laws are designed to help close those gaps by:

• Requiring employers to disclose salary ranges
• Limiting reliance on salary history, so discrimination in a past job doesn’t follow a worker throughout their career
• Strengthening equal pay standards

But transparency alone is not enough. Workers must also feel empowered to assert their rights without fear of retaliation.

Need Help Understanding Your Rights?

Outten & Golden represents employees nationwide in equal pay and wage discrimination matters. If you have questions about your rights under federal or state equal pay laws, consulting with an experienced employment attorney can help you understand your options.

Just call our client intake team at 866-772-4133. We’re available Monday to Friday, 8:30am to 9pm Eastern time.