Equal Pay Laws in Connecticut: Gender Pay Gap Protections

The federal Equal Pay Act, codified at 29 U.S.C. § 206(d), is part of the Fair Labor Standards Act and applies to employers engaged in interstate commerce with two or more employees. The Act requires that employers pay equal wages to men and women who perform substantially equal work in the same establishment, requiring equal skill, effort, and responsibility under similar working conditions. The EEOC enforces the Equal Pay Act and accepts charges of gender-based wage discrimination.

The Equal Pay Act allows four affirmative defenses: (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, or (4) a factor other than sex. These defenses must account for the entire difference in wages between male and female employees. Remedies under the Equal Pay Act include back pay for up to two years (three years if willful), liquidated damages equal to the back pay award, and attorney fees. The EEOC investigates charges and can pursue enforcement actions or issue right-to-sue letters to private parties.

The Equal Pay Act does not require identical jobs; jobs need only be substantially equal in skill, effort, and responsibility under similar working conditions. However, the federal standard does not prohibit use of prior salary history as a basis for wage differences, and employers are not required to eliminate historical wage gaps caused by prior discrimination at other employers.

Connecticut General Statutes § 46a-60 provides protections against gender-based discrimination in compensation that are broader and stronger than the federal Equal Pay Act. Connecticut's law applies to all employers with one or more employee, making it more expansive than the federal Act, which covers only employers engaged in interstate commerce with two or more employees. This means very small Connecticut employers and some intrastate-only businesses are covered under state law but not federal law.

Connecticut law prohibits wage discrimination on the basis of gender when employees perform substantially similar work. The "substantially similar work" standard is similar to federal law but interpreted more broadly by Connecticut courts and CHRO. Critically, Connecticut General Statutes § 46a-84(a) prohibits employers from using prior salary history as the sole or primary basis for setting wages, creating an affirmative obligation not present in federal law. This provision directly addresses historical wage gap issues caused by prior discrimination.

Under Connecticut law, employers may defend a wage difference based on factors including seniority systems, merit systems, systems measuring production quality or quantity, training and experience, and "any other factor other than sex." However, Connecticut courts interpret these defenses narrowly, requiring employers to prove the factor is applied consistently and actually justifies the wage difference. The burden of proof is on the employer to demonstrate a legitimate, non-discriminatory reason for wage differences.

Remedies available under Connecticut state law are more generous than federal remedies. Employees are entitled to back pay from the date of the violation, liquidated damages equal to the amount of back pay (doubling the recovery), front pay if reinstatement is not feasible, and attorney fees and court costs. Significantly, there is no cap on the amount of damages, and the statute of limitations is 2 years for ordinary discrimination or 6 years if the discrimination was intentional. Connecticut also provides for civil penalties paid to the state.

Connecticut law contains limited exceptions to equal pay protections. A wage difference is permitted if the employer demonstrates it is based on a seniority system, merit system, a system measuring earnings by quality or quantity of production, training and experience differences, or "any other factor other than sex." However, these defenses are interpreted narrowly in Connecticut.

A critical exception exists for prior salary history, but with an important limitation: employers cannot use prior salary as the sole or primary basis for wage setting under Connecticut General Statutes § 46a-84(a). This means prior salary can be one factor among many, but not the determinative factor. Employers must affirmatively show that any wage difference is justified by non-discriminatory factors applied consistently across the workforce.

Positions requiring different skill levels, qualifications, or responsibilities are not subject to the equal pay requirement; employees must perform substantially similar work. However, employer classifications are subject to challenge if they are pretextual. Employers are not required to eliminate wage gaps inherited from prior discrimination at other employers, but they cannot perpetuate gender-based discrimination in new compensation decisions.

Small business and startup defenses are limited; Connecticut law applies to employers with one or more employee, offering no de minimis exception. However, employers may defend wage differences based on legitimate operational factors such as geographic variation in labor costs, part-time versus full-time status if documented, or different job responsibilities if genuinely different. Economic hardship is not a valid defense under Connecticut law.

Step 1: Document the wage discrimination. Keep copies of your pay stubs, employment contracts, offer letters, and any communications about compensation for at least 6 years. Record the dates you received each payment, the amount, your job title, and job duties. Document the names, job titles, and job duties of coworkers of a different gender performing substantially similar work, along with their compensation (obtain this through public records, LinkedIn, or information shared by coworkers). Photograph or screenshot any internal compensation schedules or postings. Create a dated timeline showing when you discovered the wage gap and any communications with management about pay equity.

Step 2: Initiate internal complaint and preserve evidence. Send a written email or letter to your HR department or management documenting the suspected wage discrimination, the specific coworkers you believe are paid more for similar work, and the compensation differential. Keep a copy of this communication. Request a written explanation for the wage differential. Do not delete any emails or communications; many employers will respond more fairly once the issue is documented internally. Document any retaliation or negative actions taken after you raise the issue, as retaliation is separately illegal under Connecticut law. This internal step creates a record and may prompt corrective action.

Step 3: File a charge with the Connecticut Commission on Human Rights and Opportunities (CHRO). Visit the CHRO website at ct.gov/chro or call (860) 541-3400 to request intake forms and assistance. You have 2 years from the date of the most recent discriminatory wage payment to file (6 years if intentional discrimination). File online at https://portal.ct.gov/-/media/CHRO/CHROWebForm.pdf or submit a written complaint in person at 21 Grand Street, Hartford, CT 06106. Include your name, address, phone number, employer's name and address, the dates of the wage discrimination, specific job duties you performed, names and job duties of comparator employees, their compensation, and your compensation. Attach copies of pay stubs, employment contracts, and your written internal complaint.

Step 4: Understand the CHRO investigation process. The CHRO will contact your employer to notify them of the charge and request a written response (typically 15-20 days). The employer will provide their explanation and any documentation supporting the wage differential. You may be asked to provide additional evidence or clarification. CHRO investigators will contact you and the employer for interviews, typically taking 60-180 days depending on case complexity. If the CHRO finds probable cause that wage discrimination occurred, it will attempt conciliation (settlement negotiation). If conciliation fails, the case may proceed to the Connecticut Commission on Human Rights and Opportunities for a public hearing before an administrative law judge.

Step 5: Determine when to consult an employment attorney. Contact an employment law attorney immediately if your employer retaliates against you after you file the CHRO complaint, if you want to pursue both state and federal claims simultaneously, or if you believe your case involves intentional discrimination (which allows 6 years to file and includes additional damages). An attorney can help you prepare a strong case, gather evidence of comparator employees, and calculate damages. Many employment attorneys handle equal pay cases on contingency (no upfront fee). Consult an attorney before accepting any settlement offer from the employer to ensure you understand the full value of your claim, which includes back pay, liquidated damages, front pay, and attorney fees.