slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog

Gender Gap and Equal Pay Act FAQs

It is easy to say that the law requires equal pay for equal work.  But if you are in a situation where you think you may be receiving unequal compensation, it can be hard to figure out how to gather that information, what to do about it, and who can help you.  Below are some questions we have frequently heard about pay discrimination in the workplace.

Frequently Asked Questions About Equal Pay Laws

How can I tell if my employer pays employees differently based on sex? You may have to talk to other employees to find out if men doing substantially similar work are paid more than you. New Massachusetts law makes it unlawful for your employer to stop you from sharing salary information with co-workers.

Can a prospective employer ask me about my salary history? Under the new Massachusetts Equal Pay Act, these questions are not allowed until after an offer of employment with the compensation specified has been made.  

Can I tell a prospective employer about my salary history if I want to? Yes, if you feel it is to your advantage to disclose your prior earnings, you are free to do so.

Do fringe benefits count in determining whether men and women have equal pay? Yes. The courts have held that the comparison of compensation must also be informed by the value of the benefits offered to different employees in comparable positions.

What is equal or comparable work?  Equal or comparable work is work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions. The work does not need to be identical to be equal or comparable for purposes of determining pay equity.

What is a legitimate reason for differences in pay?  There are several listed in the equal pay statutes. One is a seniority system, though under Massachusetts law that seniority system cannot penalize you for pregnancy or family leaves. Another is a merit system, which could be based on performance reviews or other metrics. A third is a system measuring earnings by quantity or quality of production. Finally, under federal law, there is a catch-all exception for differences based on "any factor other than sex."

What if I question the reason for differences in pay? If you see a difference in pay, and question whether the claimed basis for difference masks gender discrimination, you should consult an attorney. There are times when a "merit system" masks sex discrimination. There are also times when even objective metrics like production are influenced by different opportunities given to male and female employees.

Do I have to prove that my employer intended to discriminate in pay? No. The Equal Pay Act is what is known as a "strict liability" law, which means that if there are differences in pay between men and women, and those differences are not justified by one of the reasons the law considers legitimate, the employer is liable even though there is no proof the differences were motivated by discrimination.

Can I be disciplined for discussing salary with co-workers? No. The Massachusetts Equal Pay Act prohibits employers from requiring silence among employees about compensation, precisely to make sure that people have the information they need to identify unlawful discrepancies in pay.

If I am paid less than a male colleague based on seniority, but I am only less senior because of my maternity leaves, is that legal? No. The Massachusetts Equal Pay Act specifies that time away from work for maternity or any other family medical leave cannot count against you in a seniority system. So if you are lagging behind in pay because of a maternity leave, or because you took time off to care for a seriously ill child, that should not be a justification for lower compensation.

My employer recently conducted an audit of pay practices but has made no changes since the audit. Are they still protected from liability? If the company did an audit and reached a good faith conclusion that there were no violations, they are protected. However, if they did an audit and turned a blind eye to discrepancies that were or should have been turned up in the audit, you may argue that they did not in fact make a "good faith determination" and should not be entitled to this protection. If they did find unlawful discrepancies and took no action to correct them, they can also lose their protection.

I went to my boss about a pay difference between me and a male co-worker and got fired. Is that legal?  No, it is not. Like many other employment laws that are meant to protect employees, the equal pay laws also prohibit retaliation against an employee for seeking to enforce her rights under the law. You should consult with an attorney as soon as possible to find out what your remedies are.

If I file an equal pay lawsuit and win, can I recover my attorneys' fees?  Yes. If you prevail on a claim under the equal pay laws, your employer will have to pay whatever damages are awarded by the judge or jury and also your reasonable costs and attorneys' fees incurred in bringing the lawsuit.  Read more about what to expect as a plaintiff in a civil lawsuit.

Need Help With an Equal Pay Issue?

Call (781) 784-2322
OR
Schedule a Free Information Call

Just Looking for Information?

Massachusetts Employment Law Equal Pay
Request Our Free E-Book

How We Can Help

equal pay for equal work MA employment lawyer
Gender wage gap and equal pay laws MA employment attorney
Equal pay and wage gap MA employment lawyer slnlaw
We can help you navigate these issues and get clarity on your rights and obligations, and to help with your self evaluation if you are an employer who would like to avoid future liability under the Massachusetts Equal Pay Act.  You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
Schedule a Free Information Call

Sharon MA

46 South Main Street
​Sharon MA 02067

(781) 784-2322
Serving Eastern and Central Massachusetts
Greater Boston Referral Resources
slnlaw solutions
Refer a Friend
slnlaw publications and interviews
​slnlaw privacy policy
Chester MA
26B Main Street
Chester MA 01011
(413) 667-2322
Serving Western Massachusetts
Western MA Referral Resources

Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog