Massachusetts Equal Pay Act
On July 1, 2018, an updated Massachusetts Equal Pay Equity Act was enacted. This new law updated the Massachusetts Equal Pay Act under Chapter 177 of the Acts of 2016. The Massachusetts Commission on the Status of Women (MCSW) was one of the key supporters of this legislation. This new law provides clarity to ensure fair and equal pay for employees of different genders involved in comparable work in Massachusetts. Chapter 177 of the Acts of 2016 defines comparable work as the following:
Work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions; provided, however, that a job title or job description alone shall not determine comparability.
The Massachusetts Equal Pay Act contains the following provisions:
- It restricts employers from requesting their employees’ salary histories.
- It enforces pay transparency by banning pay secrecy policies, which prevent employees from inquiring about their own wages or those of others.
- It extends the statute of limitations for reporting discriminatory pay practices from one year to three years.
- It protects employers who conduct self-evaluations of their pay practices and take meaningful steps to eliminate wage disparities.
- It redefines comparable work as tasks that require substantially similar skill, effort, and responsibility and that are performed under similar working conditions.
- It identifies exemptions to equal pay by specifying certain nondiscriminatory reasons for pay differences among employees in similar roles.
- It broadly redefines wages to include all forms of compensation, including benefits.
During the audit, our discussions with MCSW officials revealed that MCSW has integrated the Massachusetts Equal Pay Act into its hiring process and established policies and procedures to promote pay equity. Based on our inquiries, we found that MCSW is actively taking steps to comply with the Massachusetts Equal Pay Act.
MCSW Report on COVID-19’s Impact on Women of Color
On May 26, 2021, MCSW published a report examining the impact of the COVID-19 pandemic on women of color. The report summarized key findings from research that MCSW conducted and provided an overview of the efforts made to gather information that could be used to support women of color and their families, as well as to implement policies aimed at helping them.
In our discussions with MCSW officials, we have determined that MCSW has collaborated with various agencies and legislators to endorse the following recommendations from the MCSW Proposed Resolution of MCSW’s “Impact of COVID-19 and Related Recommendations to Improve the Status of Women of Color”:
- MCSW recommended ensuring gender balance in decision-making bodies related to COVID-19.
- MCSW recommended integrating a gender lens to track the effects of the crisis and the responses on different genders.
- MCSW recommended implementing measures to provide life-saving health services, including sexual and reproductive health, and act to prevent and respond to gender-based violence.
- MCSW recommended ensuring adequate food and nutrition security for women and girls.
- MCSW recommended designing short-term relief programs and long-term economic strategies to address the impacts of COVID-19 on women.
- MCSW recommended securing robust federal funding contributions to support the COVID-19 crisis response.
- MCSW recommended addressing barriers to equitable access to COVID-19 treatment and vaccines for women, girls, and other marginalized communities.
- MCSW recommended conducting research on all women of color across the Commonwealth, including those who are not easily reachable through technology.
On January 20, 2023, a Massachusetts State Representative presented a petition to the House of Representatives. This petition included resolutions, specifically House No. 3544, which highlights the disproportionate impact of COVID-19 on women and girls, particularly women of color in the Commonwealth. On February 16, 2023, the state Senate agreed to this resolution, which has since been referred to the Committee on House Rules.
| Date published: | December 27, 2024 |
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