Below is information on the “Act to Establish Pay Equity” (which went into effect on July 1, 2018) and the “Pregnant Workers Fairness Act” (which went into effect on April 1, 2018).
1. Salary History: In accordance with the Massachusetts “Act to Establish Pay Equity,” which amends the Massachusetts Equal Pay Act, the “Guide to Unacceptable Interview Questions” now states that, when interviewing prospective employees, “There are no permissible interview questions relating to salary history…If a candidate volunteers information about their salary history, follow-up questions should not be asked.”
Background: Detailed guidance and case law on the “Act to Establish Pay Equity” are limited, as the Act did not go into effect until July 1. However, the essence of the Act is that employers must offer equal pay for comparable work, with no discrimination on the basis of gender. In this spirit, the Attorney General’s guidance indicates that salaries should not be influenced by such things as market forces, or the prospective employee’s salary history. A competing offer, in and of itself, should not be a basis for setting salary. However, a competing offer might be an indication of the employee’s education, training and experience, all of which might serve as a legitimate basis for salary setting. If a prospective employee volunteers salary-related information, the information should not be used by the employer in determining salary. Rather, salaries should be based on the nature and content of the job and the particular qualifications of the individual employee, and consistent with equal pay for comparable work, with no differences on the basis of gender.
An overview and FAQ’s related to the “Act to Establish Pay Equity” are available here. If you have questions related to faculty recruitment, please contact Laura Fisher, Senior Associate Dean for Faculty Development, or Jennifer Ivers, Assistant Dean for Faculty Development, in the FAS Office for Faculty Development.
2. Pregnancy in the Workplace: In accordance with the Harvard University Pregnancy in the Workplace Policy (please log in), which accords with the Massachusetts Pregnant Workers Fairness Act, the ”Guide to Unacceptable Interview Questions” now states that employers should not ask prospective employees “Whether or not applicant is pregnant, has a pregnancy-related condition, or plans to become pregnant.”
Background: As Harvard’s policy states, “University employees have the right to be free from discrimination because of pregnancy and pregnancy-related conditions, including but not limited to lactation or the need to express breast milk for a nursing child. The University will reasonably accommodate employees for pregnancy and pregnancy-related conditions, absent undue hardship for the University. It is unlawful and contrary to University policy to deny an employment opportunity or take adverse action against an individual because of pregnancy or a condition related to pregnancy, provided that the individual is capable of performing the essential functions of their position, with or without reasonable accommodation. Adverse action against employees who request or use reasonable accommodations is likewise prohibited.”