What does Massachusetts equal pay law prohibit?

Under the Massachusetts Equal Pay Act, no employer may pay any employee a salary or wage rate less than what is paid to employees of a different gender performing comparable work. The prohibition extends beyond gender to all protected characteristics — including race, disability, age, and national origin. It applies to all forms of compensation, not just base salary, including bonuses, benefits, and overtime pay.

What is 'comparable work' under Massachusetts equal pay law?

Comparable work means work that requires substantially similar skill, effort, and responsibility, performed under similar working conditions. A job title or job description alone does not determine comparability — an employer cannot simply give employees different titles to justify unequal pay if the actual day-to-day duties are substantially the same. Working conditions includes shift differentials, physical surroundings, and hazards associated with the job.

Can a Massachusetts employer ask a job applicant about their salary history?

No. Massachusetts law prohibits employers from asking job applicants about their prior wages or salary — directly or through a current or former employer — and from requiring that prior salary meet certain criteria as a condition of consideration. If an applicant voluntarily discloses salary history, the employer may confirm it. An employer may also seek salary history after a formal offer with compensation already stated has been made. Violations can support a legal action by or on behalf of applicants.

Can a Massachusetts employer prohibit employees from discussing their wages?

No. Massachusetts law gives employees the right to inquire about, discuss, and disclose information about their own wages and the wages of other employees. A written or unwritten policy prohibiting wage discussions is unlawful. A narrow exception applies to employees in HR or supervisory roles who have access to compensation data as part of their job responsibilities — those employees may be restricted from disclosing that information without prior written consent.

What can a Massachusetts employee recover in a wage discrimination claim?

An employee who prevails on a wage discrimination claim may recover unpaid wages plus an equal amount in liquidated damages — meaning the employer may owe double what was underpaid. The court must also award reasonable attorney's fees and costs to a successful employee. Additional remedies may include back pay, front pay for ongoing harm, and other damages. The statute of limitations is three years, and each discriminatory paycheck may restart that period.

When are wage differences between employees permitted under Massachusetts law?

Wage differences for comparable work are permitted only when based on: a seniority system (excluding leave for pregnancy-related conditions or protected family and medical leave); a merit system; a system measuring earnings by quantity or quality of production, sales, or revenue; geographic location; education, training, or experience reasonably related to the job; or travel that is a regular and necessary condition of the role. An employer may not reduce any employee's wages to achieve compliance with the law.

Is there an affirmative defense available to Massachusetts employers in equal pay cases?

Yes. An employer that, within the three years prior to a lawsuit being filed, completed a good-faith self-evaluation of its pay practices and can show reasonable progress toward eliminating gender-based wage differentials may assert an affirmative defense against liability. An employer whose self-evaluation was conducted in good faith but was less thorough may still avoid liability for liquidated damages. This creates a strong incentive for employers to proactively audit compensation practices on a regular basis.

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