AI-assisted research summary: Employers may not pay workers of one sex less than workers of the opposite sex for comparable work in the same establishment, and they may not retaliate against workers for enforcing the rule.
337.423 Discrimination prohibited. (1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, shall not be included within this prohibition. Nothing in KRS 337.420 to 337.433 and 337.990(11) shall apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, as amended, when that act imposes comparable or greater requirements than contained in KRS 337.420 to 337.433 and 337.990(11) and when the employer files with the commissioner of the Department of Workplace Standards a statement that the employer is covered by the federal Fair Labor Standards Act of 1938, as amended. (2) An employer who is paying a wage differential in violation of KRS 337.420 to 337.433 and 337.990(11) shall not, in order to comply with it, reduce the wage rates of any employee. (3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of KRS 337.420 to 337.433 and 337.990(11). (4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of KRS 337.420 to 337.433 and 337.990(11). Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 3, sec. 8, effective January 9, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1737, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 42, sec. 6, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 414, sec. 14, effective July 13, 1984. -- Created 1966 Ky. Acts ch. 114, sec. 2.