Texas has no equal pay law applicable to private employers. Texas’s equal pay law only extends to state employee’s, requiring that female state employees receive equal pay for “the same kind, grade, and quantity of service.”[1] Private employers with more than 15 employees are generally prohibited from discriminating on the basis of race, color, disability, religion, sex, national origin, or age, in connection with compensation or the terms, conditions, or privileges of employment.[2]
· Affirmative Defenses: To justify a pay disparity with respect to state employees, an employer can assert that it was based on a bona fide seniority system, merit system, or an employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the requirements of the statute; or a system that measures earnings by quantity or quality of production.[3]
· Retaliation: An employer may not retaliate or discriminate against a person who opposes a discriminatory practice; makes or files a charge; files a complaint; or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.[4]
[1] Tex. Lab. Code § 21.102.
[2] Tex. Lab. Code § 21.051.
[3] Tex. Lab. Code § 21.102.
[4] Tex. Lab. Code § 21.055.