I. Introduction -
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and the public are increasingly expecting more from organizations surrounding diversity, equity, and inclusion, the stakes for employers regarding pay equity continue to rise. Politicians have also taken note. While there have been pay discrimination laws on the books at the federal level and in most states for decades, over the past several years, state and local governments and Puerto Rico have passed numerous new laws all aimed at closing the pay gap. Since 2020, more than 200 bills addressing pay equity were introduced in nearly every state. At the time of publication, 21 states have enacted “second wave” pay equity laws; 29 states and municipalities have enacted salary history inquiry bans; and 21 states have enacted wage transparency provisions.
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