The Massachusetts Equal Pay Act (MEPA)

What is the Massachusetts Equal Pay Act?

The Massachusetts Equal Pay Act (“MEPA”) is a Massachusetts law that makes two things unlawful: (1) wage-based gender discrimination against employees and (2) prohibiting employees from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages. Click here to read the entire law (MGL ch. 149 §105A). Put differently, Massachusetts employers violate MEPA when they (1) pay an employee less than an employee of a different gender, assuming they are performing comparable or similar work, or when they (2) discipline an employee for discussing or inquiring about wages.

How do I prove my employer is engaging in wage-based gender discrimination in violation of the Massachusetts Equal Pay Act?

To prove a violation of the Massachusetts Equal Pay Act’s prohibition on wage-based gender discrimination, an employee must identify an employee of a different gender who was paid more than them and that performed comparable work. According to MEPA, “comparable work” is work that involves similar skill, effort, responsibility, and working conditions. MEPA clarifies that job title or description, on their own, do not determine comparability.

The Massachusetts Equal Pay Act explains that not gender-based variations in wages are unlawful, including those that are based upon: (1) seniority, as long as any pregnancy-related leave, medical leave, or family leave is excluded; (2) merit; (3) production; (4) geographic location of work; (5) education, training, and experience; and (6) travel.

Lastly, the Massachusetts Equal Pay Act provides that employers who have completed a good-faith self-evaluation of their pay practices and have made reasonable progress toward eliminating gender-based pay disparities may be entitled to a special defense to a gender-based pay disparity claim.

Is it illegal in Massachusetts to pay females less than males for the same job?

Yes, it is illegal in Massachusetts to pay a female employee less than a male colleague or coworker if you can prove that the two performed “comparable work.” As discussed above, “comparable work” is work that involves similar skill, effort, responsibility, and working conditions. MEPA clarifies that job title or description, on their own, do not determine comparability

If I agreed to my salary does that mean I can’t bring a gender discrimination claim under the Massachusetts Equal Pay Act?

No, the fact that you agreed to your salary does not mean that you cannot bring a gender discrimination claim under the Massachusetts Equal Pay Act. That’s because the Massachusetts Equal Pay Act states that “[n]o employer shall contract with an employee to avoid complying with” MEPA’s requirement not to discriminate based on gender relative to payment of wages.

Is it illegal in Massachusetts to terminate, discipline, retaliate, or discriminate against me because I asked questions about employee wages?

Yes, under Massachusetts law it is illegal to terminate, discipline, retaliate, or discriminate against an employee for asking questions about wages. The exact language that makes this practice illegal is quoted below and found in the Massachusetts Equal Pay Act:

(c) It shall be an unlawful practice for an employer to:

(1) require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages. Nothing in this subsection shall obligate an employer to disclose an employee's wages to another employee or a third party;

Can my Massachusetts employer terminate, discipline, retaliate, or discriminate against me because I talked about or said something about my wages or my coworkers’ wages?

No, under Massachusetts law it is illegal to terminate, discipline, retaliate, or discriminate against an employee for discussing and/or disclosing information about an employee’s own wages or other employees’ wages. The exact language that makes this practice illegal is quoted below and found in the Massachusetts Equal Pay Act:

(c) It shall be an unlawful practice for an employer to:

(1) require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages. Nothing in this subsection shall obligate an employer to disclose an employee's wages to another employee or a third party.

There is an exception to this prohibition as the Massachusetts Equal Pay Act allows employers to prohibit human resources employees, supervisors, or those whose jobs provide access to employee-compensation information from disclosing such information unless authorized to do so by the employee whose wages are at issue.

Can my Massachusetts employer ask me about my wage or salary history in a job interview?

Yes, under the Massachusetts Equal Pay Act it is unlawful to seek the wage or salary history of a prospective employee from that employee or her former employer. The exact language that makes this practice illegal is quoted below and found in the Massachusetts Equal Pay Act:

(c) It shall be an unlawful practice for an employer to:

(2) seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's prior wage or salary history meet certain criteria;

There are two exceptions to this prohibition. First, a prospective employer may confirm prior wages if the prospective employee has voluntarily disclosed that information. Second, a prospective employer may ask for wage history after an offer of employment with negotiated compensation has been made.

Can I be terminated or retaliated against if I complain about violations of the Massachusetts Equal Pay Act?

No, you are protected if you complain to your employer about violations of the Massachusetts Equal Pay Act because the Massachusetts Equal Pay Act prohibits an employer from retaliation against an employee because that employee challenged conduct she believes violated the Massachusetts Equal Pay Act.

What damages can I get if I win on a Massachusetts Equal Pay Act Claim?

The Massachusetts Equal Pay Act provides that employees shall be awarded double lost or unpaid wages, attorneys’ fees, and costs if they successfully prove an employer has violated the Massachusetts Equal Pay Act. Employees who successfully prove that they have been retaliated against in violation of the Massachusetts Equal Pay Act are also likely to be entitled to recover emotional distress damages.

What should I do if I think my employer is paying me less than my male colleagues or if I think my employer has violated the Massachusetts Equal Pay Act?

You should contact an employment attorney if you think your employer is paying you less than your male colleagues or coworkers or if you think your employer has violated the Massachusetts Equal Pay Act. Click the link below to connect with a Massachusetts employment attorney.