Yes, it's time to conduct (another) pay equity self-audit
Many Massachusetts employers conducted pay equity self-audits in 2018, just before or soon after the Massachusetts Equal Pay Act (MEPA) went into effect. Although it probably seems like it was only yesterday, July 1, 2021, will mark the third anniversary of the MEPA's implementation. If your organization conducted a self-evaluation in 2018, you need to schedule another soon so you can continue to rely on an affirmative defense built into the Act.
How the MEPA operates
Governor Charlie Baker signed the MEPA, an amendment to the state's Equal Pay Act, in 2016. The law's purpose is to reduce the pay gap between men and women by providing a broader definition of "comparable work"and limiting the acceptable reasons for paying people of different genders differently. Notably, under the MEPA, pay differences between persons performing comparable work are acceptable only if they're based on:
- A seniority system;
- A merit system;
- A per-unit or sales compensation scheme;
- The geographic location of the job;
- Education, training, and experience; or
- The amount of travel required.
The MEPA defines "comparable work"as tasks requiring "substantially similar skill, effort and responsibility"and performed under "similar working conditions."The "substantially similar"language is broader than the "equal pay"language used under federal law.
Affirmative defense for employers