The Massachusetts Office of the Attorney General has issued much-anticipated guidance on the implementation and enforcement of the state’s 2016 “Act to Establish Pay Equity” (the “Act”), which is scheduled to go into effect on July 1, 2018. Among other things, the Act bars employers from asking about an applicant’s prior salary history, and expands current prohibitions on compensation discrimination based on “comparable work.”
In an effort to encourage compliance, the Act also affords a complete affirmative defense to pay discrimination claims brought under state law for those employers who conduct a good faith self-evaluation of their pay practices and take steps to remedy any gender-based disparities.
The new guidance, which is composed of multiple appendices and a pay equity calculator, provides an overview of the Act, a set of frequently asked questions, and recommends a basic framework for conducting a compensation self-evaluation.
The guidance documents, including the appendices, are available here.
Members of the Center for Workplace Compliance (CWC) can read more here.