The federal Equal Pay Act requires equal pay for substantially equal work in the same establishment. Several states replaced "equal" with "substantially similar", and a few reach comparable work of equal value across different job titles. States have also narrowed the employer's defenses, limited the establishment requirement, and in many cases removed salary history as a justification.
Three widening moves
The comparator. Federal law asks whether two jobs require substantially equal skill, effort and responsibility. “Substantially similar” reaches further, and a comparable-worth standard reaches further still — to different jobs judged of equal value, which can compare across occupations that never overlap.
The establishment. Federal law compares within the same establishment. Several states allow comparison across locations, sometimes limited to the same county or region, which matters enormously for multi-site employers.
The defenses. Federal law permits a seniority system, a merit system, a system measuring production, or any factor other than sex. Several states require the factor to be job-related and consistent with business necessity, and to account for the entire difference — a much harder test.
Protected characteristics beyond sex
The federal Equal Pay Act covers sex. Title VII covers compensation discrimination on other protected grounds but through a different route with different proof requirements. Several state equal pay acts cover race, ethnicity and other characteristics directly, which is a simpler path than Title VII for the same facts.
Proactive obligations
A few states go beyond prohibition to require action — pay data reporting, or a defense available only to employers who have completed a self-evaluation and corrected what they found. That last design is unusual and effective: it makes the audit worth doing rather than risky.
What has not changed federally
The Equal Pay Act and Title VII are statutes and were unaffected by the 2025 revocation of the federal contractor executive order. What ended was a contractor-specific compliance regime, not the underlying rights.
Which law to look at first
Your state’s, because it is frequently broader on every axis — who you can compare yourself to, where they work, and what the employer must prove.
Common questions
How does state law go further?
Wider comparators, comparison across locations rather than one establishment, and harder tests for the employer's defenses.
What is comparable worth?
A standard comparing different jobs judged to be of equal value, rather than only jobs that are substantially the same.
Do these laws cover more than sex?
Several state equal pay acts cover race, ethnicity and other characteristics directly, which is a simpler route than Title VII for the same facts.
Can an audit help an employer?
In a few states a completed self-evaluation with corrections is itself part of a defense, which makes auditing worth doing rather than risky.
Did the 2025 executive order change these rights?
No. The Equal Pay Act and Title VII are statutes. What ended was a federal contractor compliance regime.