Two new laws affecting Massachusetts employers will take effect in the coming months and new guidance is available to help employers comply. The Massachusetts Commission Against Discrimination (MCAD) has released its guidance on the Pregnant Workers Fairness Act, effective April 1, 2018, and the Attorney General has issued guidance for complying with the Pay Equity Act, effective July 1, 2018.
PREGNANT WORKERS FAIRNESS ACT
MCAD recently issued its guidance on the Pregnant Workers Fairness Act, https://www.mass.gov/doc/mcad-guidance-on-pregnant-workers-fairness-act/download, which is effective April 1, 2018 and applies to employers with 6 or more employees.
The act adds a new protected class to Massachusetts law, providing protection from discrimination in the workplace in relation to pregnancy, or a condition related to pregnancy, such as lactation, or the need to express breast milk for a nursing child.
The law prohibits employers from refusing to hire, or deny employment opportunities, to a pregnant woman or nursing mother who is capable of performing the essential functions of the position.
Employers will be required to provide reasonable accommodation to expectant and new mothers, if requested, as long as it would not cause the employer undue hardship. Examples of reasonable accommodation include:
- more frequent or longer paid or unpaid breaks
- time off to attend to a pregnancy complication or recover from childbirth with or without pay
- acquisition or modification of equipment or seating
- temporary transfer to a less strenuous or hazardous position
- job restructuring
- light duty
- private non-bathroom space for expressing breast milk
- assistance with manual labor
- a modified work schedule
Employers must provide employees with written notice of their rights under the act, either in a handbook, pamphlet, or other means no later than April 1, 2018. Thereafter, employers must provide the notice to new employees at the commencement of employment. Notice is also required, within 10 days, to an employee who notifies the employer of a pregnancy or a pregnancy-related condition.
MASSACHUSETTS EQUAL PAY ACT
The Attorney General’s Office has issued guidance and resources to assist employers in complying with the updated Massachusetts Equal Pay law, which goes into effect on July 1, 2018. The Act to Establish Pay Equity amends the Massachusetts Equal Pay Act and aims to increase wage transparency, standardize salaries, and bridge the gender pay gap.
The newly released guidance includes an overview, frequently asked questions, a guide for employer self-evaluations and a sample checklist for reviewing policies and practices. Review the guidance at https://www.mass.gov/massachusetts-equal-pay-law
What Employers Need to Know
- Employers must pay equal wages for comparable work, which under the new law is defined as work that is substantially similar, requiring similar skill, effort and responsibility and is performed under similar working conditions. Comparable work is not limited to employees who have the same job title or job description. The law does allow for certain pay differentials based on seniority, merit, geographic location, education, training, experience and travel. However, pregnancy, family, or medical leave will not count against seniority.
- To help eliminate unconscious bias, employers cannot ask prospective employees about their salary history before extending a formal job offer.
- In an effort to encourage pay transparency, employers must allow employees to freely discuss their salaries with coworkers. Employers cannot penalize or retaliate against employees for discussing wages.
- If an employer discovers that they are in violation of the law, they will be allotted 3 years to amend the violation without punishment, if a good-faith effort is made.
What Employers Should Do
- Remove inquires about salary history from job applications and the recruiting, interviewing and hiring process.
- Revise any policies or practices that prohibit employees from discussing their pay.
- Consider performing an internal equal pay audit/self evaluation and correct any discrepancies. Employers may not reduce the pay of any employee in order to comply. Note that an internal equal pay audit/self evaluation is not required.
- Establish systems to maintain equal pay.
- Train employees involved in the recruiting, interviewing, and hiring process – and those who make decisions regarding compensation – on the law’s requirements.
- Educate employees about their rights and responsibilities. There will be a posting requirement associated with this law.
If you have any questions, or if Pfautz Consulting Group, LLC can help you as you prepare to comply with the Massachusetts Pregnant Workers Fairness Act or the Massachusetts Equal Pay Law, please contact us.
Submitted by Deborah M. McCormick