Massachusetts Joins State-Led Efforts On Equal Pay For Women
Another provision in the MA law requires that women receive pay equal to that of men in the same positions as them, as well as men who do work “comparable” to theirs.
MA has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work.
In contrast to other employment discrimination laws, the billed signed Monday does not allow an employer to defend a wage discrepancy simply by proffering a “legitimate non-discriminatory reason” for the pay difference in question other than the ones outlined in the statute. After the legislation passed, the Center for American Progress heralded it as “one of the strongest equal-pay bills in the nation”. Often a woman’s salary history can be misleading becausethe systemic pay gap makes her wages over time lower thanthose of her male counterparts.
Even with the new restrictions, job applicants can still volunteer salary information if they are trying to negotiate.
The new law will prohibit employers from requesting salary history during a job interview – although a job applicant can voluntarily disclose that information.
The law takes effect at the beginning of 2018.
Dorothy Simonelli, 83, a former cafeteria worker at Everett high school, also attended the bill signing, according to Masslive. “We thank the Legislature for their collaboration with the Commonwealth’s employers and their commitment to creating more opportunities for MA skilled workforce”.
Employers would also be barred from reducing salaries to comply with the law.
The gender pay gap in MA is officially on its way to being closed.
Democratic state senator Pat Jehlen was the chief sponsor of the legislation. Without an entrenched pay deficit following them throughout their career, women would stand a much better chance of getting paid what they deserve for each new role. Employers also know what their budget will allow – numbers that, again, are out of reach for most workers.
Employees who believe they are victims of pay discrimination can sue their employer for lost wages, and, if successful, are entitled to an additional punitive award in an amount equal to those lost wages. Rather than a plaintiff having to prove gender-based unequal pay for equal work before a claim can move forward, the bill “establishes a violation for pay differentials” between genders for “comparable work”. “It puts families at risk, and makes self-sufficiency in retirement more hard”, said State Auditor Suzanne Bump.
There are also protections for employers: companies that make a good faith effort to audit their own wage practices and correct inequities discovered on the payroll will be shielded from discrimination lawsuits based on these new provisions for three years.
Baker said Monday that MA needs to continue to build on the success it has had in nurturing an innovation economy.