Kentucky Revised Statutes

Ky. Rev. Stat. § 337.423 (2026)

Discrimination prohibited

✓ current as of May 2026 Cite as: Ky. Rev. Stat. § 337.423 (2026)

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(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.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2004–2025 · leading case: Wiseman v. Whayne Supply Co.

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Wiseman v. Whayne Supply Co. (2004) kywd “§ 337.423. To establish a prima facie case of wage discrimination, Plaintiff must show 1) Whayne paid different wages to employees of opposite sexes; 2) who did equal work on jobs which require equal skill, effort, and responsibility; and 3) which are performed under similar…”

Davenport v. Charter Communications, LLC (2014) moed “By contrast, another provision within the same statute, governing employer liability for wage discrimination on the basis of sex, states in relevant part: (1) Any employer who violates the provisions of KRS 337.423 [prohibiting *1048 wage discrimination because of sex] shall be…”

Kyrkanides v. University of Kentucky (2023) kyed · cites it 4× “§ 206 (d)(1) and KRS 337.423. Ludwig v. Ky. Dep’t Mil. Affs.”

Johnson v. Pennyrile Allied Community Services (2022) kywd · cites it 2× “This prohibition against race- or age-based wage discrimination is outlined in Kentucky’s wages and hours laws, specifically KRS § 337.423. However, this court has considered wage discrimination claims arising under the KCRA, applying federal standards.”

Credit Bureau Systems, Inc. v. Elam (2019) tneb “While the debtor in her response acknowledges that her claim “does not contain many factual allegations,” she argues that it nonetheless states a legitimate cause of action because she is “making the allegation based on statutory language” of Ky. Rev. Stat. Ann. § 337.423 ,…”

Nyarko v. Bullitt County Board of Education (2025) kywd “206(d), Kentucky’s Equal Pay Act, KRS 337.423, or both. On April 3, 2025, Defendant removed the case to the Western District of Kentucky.”

— Ky. Rev. Stat. § 337.423(1) — 1 case

Kyrkanides v. University of Kentucky (2023) kyed “§ 206 (d)(1) and KRS 337.423. Ludwig v. Ky. Dep’t Mil. Affs.”

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