Blog

 
     

Massachusetts Bans Employers from Asking about Salary History in Job Interviews

By Michael Klazema on 8/26/2016

On August 1, 2016, Governor Charlie Baker signed Senate Bill 2119 “An Act to Establish Pay Equity” that made Massachusetts the first state to prohibit employers from asking for applicants’ salary histories during the hiring process. The new state law requires the employer to pay their male and female employees equally for comparable work. As part of the law, Massachusetts placed significant restrictions on employers obtaining prior compensation history. The theory is, at least in part, that using prior salary to decide what pay to offer locks in patterns of prior discrimination against women.

Under Chapter 149 Section 105A(c), it is an unlawful practice for employers to:

  • Screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant’s prior wages, including benefits or other compensation or salary history satisfy minimum or maximum criteria; or request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, that an applicant disclose prior wages or salary history; or
  • Seek the salary history of any prospective employee from any current or former employer; but a prospective employee may provide written authorization to a prospective employer to confirm prior wages, including benefits or other compensation or salary history only after any offer of employment with compensation has been made to the prospective employee.

Employers will have to wait until after they extend an offer of employment with compensation in order to ask about an applicant’s salary history, or the applicants can voluntarily disclose their salary information to the employer. The employer cannot seek such a voluntary disclosure.

The new law will take effect on July 1, 2018 and is accessible here for review: https://malegislature.gov/Laws/SessionLaws/Acts/2016/Chapter177

What This Means to You:

  • This applies to all employers in Massachusetts.
  • Employers may not seek compensation history from job applicants or from prior or current employers.
  • Employers can seek compensation history information once they extend offers of employment with compensation.
Employers may verify compensation history that a job applicant discloses if the job applicant volunteered that information. 

Tag Cloud
Categories
Recent Posts

Latest News

  • December 04 Chicago Public Schools has dismissed hundreds of employees, coaches, vendors, and volunteers based on background check findings. The district recently vowed to re-check the majority of its 68,000 employees after a Chicago Tribune investigation revealed holes in its background check policies.
  • November 29 Striving to create a safer environment more conducive to productive training and leadership development, the Army has recently moved to adopt a uniform policy of background checks for certain roles. 
  • November 27 California’s biggest public school district is waiving the cost of volunteer background checks. The move is meant to encourage more family - and community members to get involved with the school district.
  • November 22 Contractors play an important role in the workforce, delivering services to both individuals and organizations. Vetting contractors for suitability continues to be a challenge, as two recent articles prove.
  • November 21 When it comes to background and pre-employment checks, it can be instructive to look at the characteristics of the ten most massive U.S. employers.
  • November 20 The #MeToo movement is bringing about legislative changes employers need to know about. We review some of the laws recently passed in California.
  • November 19

    Will a criminal conviction show up on your background check forever? In most states, there is a year limit for how long background check companies can report older criminal information.


  • November 15

    Replacing an inconsistent array of procedures, Ontario's government has passed into law a reform act intended to clarify how police departments should handle requests for information to be used in background checks. 


  • November 14 The federal government has vowed to cut its backlog of security clearance background checks in half by spring. Currently, the backlog is approximately 600,000 names strong.
  • November 12 To ensure the best hires, DFWSPF has implemented a stringent employee screening process—one that includes background searches through backgroundchecks.com.