Section 31-75 - Discrimination in compensation on the basis of sex. Prohibited practices. Employer demonstration(a) No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section.(b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for comparable work on a job, when viewed as a composite of skill, effort and responsibility and performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, including, but not limited to, education, training, credential, skill, geographic location or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.(c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76.(1949, 1953, S. 3016d; P.A. 09-101, S. 2.)
Amended by P.A. 21-0030,S. 2 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 09-0101, S. 2 of the the 2009 Regular Session, eff. 10/1/2009. Cited. 38 CA 506.