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State As AAUW continues to press for additional federal equal pay protections, states are moving forward with laws to ensure that women receive pay equity. Currently, nearly every state has a law prohibiting employers from paying workers differently based solely on their sex. But many of these laws are limited in scope or are not enforced. Every state has room to make its pay equity laws stronger. The states with no protections against pay discrimination tend to have the biggest pay gaps. However, states with stronger laws do not FIGURE 11: Map of States with Equal Pay Provisions, 2018 *HI State Equal Pay Laws, by Strength Source: AAUW None Weak Moderate Strong necessarily have the smallest gaps. Strong pay equity laws help close the pay gap, but, as discussed above, the gap itself is affected by other issues, such as occupational segregation, access to paid leave, and discrimination. State laws addressing the pay gap vary considerably. For example, each state's laws apply to different subsets of employees: Some state laws cover all employees, others affect only public or only private employees, and still others regulate only employers who have more than a certain number of workers. Currently, two states—Alabama and Mississippi— have no state pay equity or sex -based employment discrimination regulations. All other states have at least some basic equal pay protections. But roughly one-third of states also have major loopholes in those protections that allow employers to continue to pay women less than men. For example, Louisiana's equal pay protections apply only to public employers, which generally have a more transparent pay structure than do private employers. This leaves a major hole in the state's otherwise relatively comprehensive equal pay legal structure. Several states do not prohibit employers from retaliating against employees who take legal action to remedy wage discrimination, making it risky for women to come forward. On the positive side, a handful of states have particularly robust laws governing equal pay. For example, THE SIMPLE TRUTH ABOUT THE GENDER PAY GAP 1 Fall 2018 Edition California limits the excuses employers can use to pay women less than men to only a "bona fide factor other than gender;' such as education, training, or experience (as opposed to reasons based solely on gender stereotypes). Maryland prohibits employers from withholding information about promotions or assigning or directing employees into less -favorable career tracks—known as "mommy tracking." Massachusetts, as well as a growing number of other states and cities, prohibits employers from using the prior salary history of potential employees to set their future wages. Tennessee subjects employers who violate the law to substantial fines and damage payments, emphasizing the seriousness of a violation. New Jersey requires all employers entering into a contract with the state to file a report with information about employee wages and hours categorized by gender, race, ethnicity, and job. AAUW advocates that all states pass—and enforce— equal pay laws, as well as develop innovative ways to chip away at the gap. We continue to push for federal pay equity legislation, regulation, and enforcement to protect employees and assist employers. AAUW also educates the public about this persistent problem and its effect on working families. These efforts are critical as we work to close the gender pay gap. AAUW • www.aauw.org