Foundations of Equal Pay Legislation

More than 60 years ago, the Equal Pay Act of 1963 became the first federal law to prohibit employers from paying employees of one sex less than employees of another sex for equal or similar work.¹ Shortly thereafter, the Civil Rights Act of 1964 extended protections against employment discrimination based on race, ethnicity, religion, sex, and national origin, while also establishing the Equal Employment Opportunity Commission (EEOC).² The EEOC was tasked with enforcing the Equal Pay Act and provided the formal definition of equal pay—ensuring that men and women in the same workplace receive equal pay for equal or similar work.³ These two landmark laws were pivotal in advancing women's wages and safeguarding them from gender-based discrimination. The Age Discrimination in Employment Act of 1967 and the Americans With Disabilities Act of 1990 expanded these protections to include age and disability.^4,5

Still, it was much later before employees could dispute their previous pay discrimination. One of the most notable acts for promoting pay equity is the Lilly Ledbetter Fair Pay Act of 2009.⁶ This act extended the time frame for current and former employees to pursue litigation and held employers accountable for pay discrimination, marking a significant shift in employees' ability to sue their current or previous organizations. Thanks to the Lilly Ledbetter Fair Pay Act, companies were encouraged to take proactive measures to ensure equitable pay practices.

States as Policy Innovators

While previous laws and acts set essential precedents, the general guidance did not address the persistent issue of pay equity. For example, they did not include guidance on pay transparency, which is critical in empowering individuals and holding employers accountable. Employers did not have to disclose salary ranges, leaving workers unsure of fair compensation and allowing wage disparities to persist, particularly for women and marginalized groups.

In response, states have recently taken the lead. Colorado passed the Equal Pay for Equal Work Act in 2019, which mandates that employers include compensation ranges and benefit descriptions in job postings and disclose promotion opportunities.⁷ These measures aim to reduce wage disparities and enhance transparency. Since 2019, Colorado has enacted new legislation, the Ensure Equal Pay for Equal Work Act of 2023, which adds additional requirements for disclosing salary ranges and additional reporting for companies.⁸ Similarly, California enacted a senate bill, the California Fair Pay Act of 2015, later updated in 2023, requiring employers with 15 or more employees to disclose pay scales in job postings and provide salary ranges to current employees.⁹ Other states, such as Washington, Maryland, and New York, have also introduced pay transparency laws, with Illinois, Massachusetts, New Jersey, and Vermont set to follow suit in 2025. These efforts are crucial because they pick up where the Equal Pay Act and similar legislation left off, ensuring that compensation information is disclosed up front.

In addition to pay transparency laws, additional protections have emerged, including prohibiting employers from asking candidates to disclose their previous salaries, safeguarding employees from retaliation for discussing pay, and incentivizing companies to conduct pay equity audits.

These states' efforts have underscored the importance of wage equity and spurred federal action and set the stage for national discussions on wage equity and transparency. Currently, Congress is considering the Salary Transparency Act, which would amend the Fair Labor Standards Act to require employers nationwide to disclose wage ranges in job postings.¹⁰ This law would standardize pay transparency nationwide and help close the wage gap, building on the progress made by states.

Actions Toward Progress

These policy changes are driven by grassroots efforts for pay equity. California and Colorado, two of the first states to push for pay transparency mandates, are prime examples.

The California Fair Pay Act of 2015 was one of the first state laws to offer strong protections, part of California’s advocacy for pay transparency—with gender pay equity groups and movements at the forefront. In 2016, the California Commission on the Status of Women and Girls led the creation of the Pay Equity Task Force, a collective initiative that raised awareness about wage disparities and developed guidelines for companies to comply with the California Fair Pay Act. In Colorado, the push for pay transparency was part of broader equal pay initiatives that began in 2018, with advocacy groups emphasizing the need for wage equity.¹¹ Colorado and California have demonstrated how groups can drive change at the state level, even creating a ripple effect that influences the federal government. Building on the foundation laid by states like California and Colorado, these grassroots efforts have not only spurred local policy changes but also set the stage for national discussions on wage equity and transparency.

While advocacy groups are essential in advancing workplace equity, individuals also play a significant and empowering role. As I consider my future contributions, I offer these suggestions to anyone passionate about this topic.

• Stay informed and expand your knowledge. On my reading list this year is Make Work Fair, coauthored by fellow pay equity advocate Siri Chilazi. It gives actionable ways for individuals, regardless of their role, to make a difference in their workplace. The movie Lilly, based on Lilly Ledbetter’s life and legal battle, will be on my watch list when it debuts in the spring of 2025.
• Follow local developments. I am closely following what is happening in my home state of Massachusetts by following developments like the Massachusetts Pay Transparency Law, set to take effect in October 2025.
• Start conversations. Pay transparency will fuel many conversations with friends and colleagues as I share insights from the book and the movie, as well as my insights from observing how companies incorporate the new pay transparency law in their operations.
• Know your rights; share your stories. For example, on my campus, the MIT Equal Pay Group's state job offer templates are invaluable for understanding personal rights, including noncompete agreements, salary comparisons, and state-specific contractual protections. Across communities, social media can be a powerful tool for gathering and sharing information, and personal stories about how pay transparency has impacted careers can resonate deeply with others. If a story highlights the need for legislation in your state, tagging legislators in your posts can drive awareness and action on these critical issues.
• Advocate within your company/organization. Within your workplace, you can advocate for voluntary pay transparency practices, especially in states lacking formal legislation. People may hesitate to question or push back when job postings don't include a salary range; for example, in higher education, some argue they want candidates who value the role for the "right reasons." I prepare counterarguments, often backed by research such as a National Women's Law Center article showing that pay transparency reduces wage gaps, to help challenge these notions. While Massachusetts will soon mandate salary transparency, I still advise friends and colleagues from various geographic locations to provide salary ranges in job postings to ensure transparency before potential applicants invest their time.
• Get involved with your community. Even outside of your workplace, you can make a difference. Participate in advocacy events and volunteer with organizations championing workplace equity, especially those collaborating with lawmakers to promote pay transparency legislation. Your city or state likely has councils or coalitions organizing events, sharing earnings reports, and hosting forums, particularly around the symbolic equal pay days. A web search for pay equity, gender equality, women's rights, or social justice can yield results for local opportunities. If your search comes up short, consider learning best practices from other regions to implement in your area.
• Vote (and help get out the vote). Most importantly, your vote is a powerful tool in supporting workplace equity. Research candidates thoroughly and support those who prioritize the issues that matter to you.

Whether you're reading and sharing articles, attending events, speaking up when needed, or assisting others in the fight for pay equity, individuals have a vital role in ensuring a more equitable workplace for future generations.

Achieving pay equity requires collective effort. Individuals will benefit through fair compensation; companies will gain increased productivity from a motivated workforce who feel valued and fairly compensated—overall, contributing to a more equitable society. Our continued advocacy, education, and actions, both individually and collectively, will drive this meaningful change. While state-led initiatives have empowered individuals to take action on their pay and helped companies align with pay equity practices, there is still much work to do to ensure these advancements are universally adopted. One day, I hope we all work for organizations that cultivate a workplace culture where fairness and equality are the norm, not the exception.

Endnotes

¹ Equal Pay Act of 1963, Pub. L. No. 88-38, 77 Stat. 56 (1963).

² Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964).

³ U.S. Equal Employment Opportunity Commission. (n.d.). Home page. U.S. Equal Employment Opportunity Commission. Retrieved from www.eeoc.gov/.

⁴ Colorado Equal Pay for Equal Work Act, Colo. Rev. Stat. § 8-5-101 (2019).

⁵ Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327 (1990).

⁶ Lily Ledbetter Fair Pay Act of 2009, Pub. L. No. 111-2, 123 Stat. 5 (2009).

⁷ Colorado Equal Pay for Equal Work Act, S.B. 19-085, 72nd Gen. Assemb., Reg. Sess. (Colo. 2019).

⁸ Ensure Equal Pay for Equal Work Act, H.B. 23-1226, 74th Gen. Assemb., Reg. Sess. (Colo. 2023).

⁹ California Senate Bill 1162, 2021-2022 Leg., Reg. Sess. (Cal. 2022). Retrieved from https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1162.

¹⁰ Salary Transparency Act, H.R. 1074, 118th Cong. (2023).

¹¹ Women's Foundation of Colorado. (n.d.). Equal pay. Women's Foundation of Colorado. Retrieved from www.wfco.org/impact/equal-pay.