Employers Must Establish Pay Equity
Massachusetts Governor Charlie Baker signed bill S.2119, An Act to Establish Pay Equity on August 1, 2016. It is intended to prevent gender-based discrimination in regards to salary, benefits and other compensation. The bill, which goes into effect on January 1, 2018 will prohibit employers from:
- Requiring applicants to disclose or discuss their salary, benefits or other forms of compensation.
- Screening applicants based on their salary history, benefits or other forms of compensation.
- Seeking out the salary history of an applicant unless that applicant provides written authorization for the employer to do so.
- Taking any adverse action against an employee who opposes any practice that is made unlawful by the bill.
- Establishing a contract with an employee in order to avoid compliance with the bill.
Exceptions to this law can be made based on:
- A seniority-based system.
- A bona fide merit system.
- Levels of education, training and experience.
- Position location.
- The amount of travel that will be required by the position.