Statute
Classes Protected
- Race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy, ancestry, qualified handicapped persons, or veteran status.
Key language on Pay discrimination
- No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ salary or wage rates less than the rates paid to employees of a different gender for comparable work.
- Comparable work is work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions. Though, a job title or job description alone shall not determine comparability.
- Additionally, the statute on "unlawful practices" prohibits discrimination in compensation based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy, ancestry, qualified handicapped persons, or veteran status.
Exceptions for Pay disparities (Including Affirmative Defenses)
- Seniority (not including time spent on protected leave)
- Merit system
- System which measures earnings by quantity or quality of production, sales or revenue
- Geographic location
- Education, training or experience reasonably related to the job
- Travel, if the travel is a regular and necessary condition of the job
Prohibition on Salary History Inquiry
- Employers are prohibited from seeking the wage or salary history of any prospective employee from the prospective employee or any current or former employer; however, the law does not prohibit a prospective employee’s voluntary disclosure of wage or salary history, which a prospective employer may confirm. A prospective employer may confirm prior wages or salary, or may permit a prospective employee to do so, after the employer has extended an offer of employment with compensation to the prospective employee.
Anti-Retaliation
- Equal Pay Statute: employers may not discharge or retaliate against any employee for exercising rights under this statute.
- Pay Transparency and Data Reporting Law: employers are prohibited from retaliating against an employee or applicant who exercises their rights under this law.
Wage Disclosure Requirement
- Employers with 25 or more employees in Massachusetts will be required to:
- (1) Include the pay range for a position on all job postings;
- (2) Disclose the pay range for a position to existing employees who receive a promotion or a transfer to a new position with different responsibilities; and
- (3) Provide pay range information for a particular position to an employee who holds the position or to an applicant, upon receipt of a request.
- The law defines “pay range” as the annual salary range or hourly wage range that the employer reasonably and in good faith expects to pay for such position at the time of posting or request. If the position’s hourly or salary wage is based on a piece rate or commission, then the piece rate or commission range the employer reasonably expects to pay for the position must be included in the job posting.
Pay Transparency
- May not prohibit employees from inquiring about, discussing, or disclosing information about their own wages or those of another.
Safe Harbor for Pay Evaluations
- Affirmative defense available for employers that conduct self-evaluation and take steps to remedy pay disparities. This defense is available if the employer, within the previous three years and prior to commencement of a lawsuit: (i) has completed a good faith self-evaluation of its practices that is reasonable in detail and scope, and (ii) can demonstrate reasonable progress in eliminating gender-based compensation differentials.
Other Key Provisions
- Employers with at least 100 employees who are subject to either EEO-1, EEO-3, EEO-4, or EEO-5 reporting requirements will need to file a wage data report with the Commonwealth.