State Requirement Tracker for Employers

“Automated decision systems” (ADS) added to the Act, which already prohibits employment discrimination in most cases. ADS vendors are also liable for discrimination resulting from the use of the ADS.

Employers must tell workers and applicants when they are interacting with AEDT and provide written pre-decision notices, with phased compliance deadlines of October 1, 2026 and October 1, 2027.

House Bill 3773 (Effective 01/01/26): Prohibits employment discrimination in hiring, promotion, and other employment-related decisions based on protected classes such as race, gender, or religion by AI-tools. Also requires employers to notify employees and applicants when AI is being used.

Video Interview Act: Employers must inform applicants that artificial intelligence (AI) may be used to analyze video interviews along with the general characteristics the AI is using to evaluate. Consent must be obtained by interviewees prior to the interview.

New York City Local Law 144: Employers must provide at least 10 business days’ notice of the use of an automated employment decision tool (AEDT) on the employment section of their website. Employers must conduct a bias audit on AEDTs within one year of use of the tool using an independent third party.

Assembly Bill A3778: Employers with 100 or more employees must conduct a third party impact assessments on automated employment decision tools.

Employers are prohibited from intentional discrimination based on protected characteristics, including race, color, national origin, sex, age, religion, and disability.

Employers must post open job opportunities both internally and externally, as well as include compensation range information and benefits information. Employers are prohibited from discriminating against individuals who makes a complaint or provides information to the DE Department of Labor pursuant to this law. Goes into effect on September 26, 2027.

Illinois Amendment effective January 1, 2025

Requires employers with 10 or more employees to include a “range of pay” in job postings, whether the posting originates directly from the employer or indirectly through a third party.

Maryland Wage Range Transparency effective October 1, 2024

Beginning October 29, 2025, employers with 25 or more employees must disclose pay ranges in job postings and to employees and are prohibited from retaliating against employees or applicants for inquiring about salary information.

Minnesota Policy effective January 1, 2025

Requires transparency concerning compensation with promotional opportunities and in employment listings.

Requires employers to provide to all employees, at the time of hire, a written explanation of earnings and deductions

Vermont Pay Transparency goes into effect July 1, 2025

Employers are required to set and publish pay range information for open jobs. Additionally, they may not seek salary history of applicants or use salary history when considering applicants or determining pay of a selected applicant, nor take adverse action against an applicant or employee for not providing salary history. Goes into effect on July 1, 2026.

Employers must include in job postings a pre-established wage or salary range (or fixed wage if applicable) and a general description of benefits, including health care, retirement plans, and paid time off.

Employers with 100 or more employees anywhere and at least one employee in California must provide data on California employees; there is also reporting on contingent workers.

Employers with 100 or more employees in the State of Illinois must provide employee-level pay data and certify compliance with the Illinois Equal Pay Act.

Employers with 100 or more employees in the Commonwealth of Massachusetts must submit a copy of their federal EEO reporting on an annual basis.

Employers that have a contract of over $500,000 with the State of Minnesota must secure an Equal Pay Certificate.

Employers that have a contract with the State of New Jersey must report on employees involved in the contract.

State contractors and subcontractors agree not to discriminate based on protected classes and to take affirmative action. Employers must include the non-discrimination clause, solicitation, and advertisement and send a notice to each labor union of its non-discrimination obligations under the Executive Order. The employer will also post notices of those obligations in conspicuous locations available to employees and applicants.

Contractors must file an equal opportunity policy with the Office of State Procurement when responding to a request for qualifications regarding a state contract or negotiating a contract with the state.

Employers that have 50 employees and a contract of at least $5,000 with the State of California must meet the requirements regarding the completion of a California Nondiscrimination Program.

Employers that have a contract with the State of Connecticut may be required to prepare an affirmative action plan; however, see Connecticut Department of Transportation notice (https://portal.ct.gov/DOT/Business/Office-of-Equity/Affirmative-Action-Page).

All contractors must agree to non-discrimination on the basis of protected classes and to take affirmative action. Contractors with $10,000 or more in contracts for goods and services must submit a personnel utilization standard of at least 25% minority representation in each EEO category. Construction contractors with a contract value equal to or exceeding $25,000 must utilize at minimum, 42% minorities and 6.9% females in each trade, must have a training program, and 35% of subcontracting work must be performed by small businesses.

Employers that have at least 15 employees and a contract with the State of Illinois must meet the requirements of the law regarding Public Contracts which may include the preparation of an affirmative action plan.

All state contracts for public works or goods or services must include a clause prohibiting the contractor or subcontractor from engaging in discriminatory practices forbidden by federal or state law. Contractors may be required to have on file a copy of their affirmative action program, including goals and time specifications.

Kentucky's EEO Act requires employers awarded contracts of more than $500,000 to submit information on employment and hiring practices.

Employers that have a contract of over $50,000 with the State of Maine must prepare a good faith affirmative action program.

DOT contracts only -- MD DOT contractors and subcontractors are required to undertake affirmative action in dealings with employees in Maryland. AAP must be implemented with award of contract and maintained throughout contract term.

Employers that have a contract of over $100,000 with the State of Minnesota must get a Workforce Certificate and do annual affirmative action reporting.

Employers that have a contract with the State of New Jersey must get a certificate of compliance. The certificate must be renewed every three years.

Employers that have a contract with the State of New York may be asked to submit various documents including an affirmative action plan.

State public works contractors are required to comply with nondiscrimination requirements in public works contracts.

Commonwealth contractors and subcontractors agree not to discriminate based on protected classes and to take affirmative action. Employers must include a nondiscrimination statement in advertisements or solicitations, and send a notice to each labor union and regularly used recruitment source informing them of their commitment to the nondiscrimination clause. Employers must actively recruit minority subcontractors or subcontractors with substantial minority employee representation. Employers may need to provide information to determine compliance with the non-discrimination clause.

Employers that have a contract of $10,000 or more with the State of Rhode Island must annually submit an affirmative action plan.

Employers engaged in a contract in excess of $10,000 with any Agency of Virginia must comply with nondiscrimination and posting requirements. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the contractor has contracts of over $10,000.

Employers that have a contract of over $50,000 and at least 50 employees must submit an affirmative action plan and related documents.