The MEPA prohibits employers from screening job candidates based on their previous salary or asking salary-related questions until after an offer is made. The guidance provided by the AG provides the following provisions:
- Internal employees who apply for transfers or promotions are not covered by this provision as the employer already has the information and therefore need not "seek" it.
- Employers are explicitly allowed to ask prospective employees about salary requirements or expectations. The guidance does, however, caution employers that they should not ask questions that are intended to prompt prospective employees to disclose wage histories.
- Employers may ask applicants about matters such as sales performance and whether targets were met at prior employers, as long as the inquiries do not seek information about earnings based on those sales.
Additionally, the guidance details that the new amendments will apply to employees who work outside of the state, but only if Massachusetts is their "primary place of work." Multistate employers must comply with the salary history inquiry prohibition if there is a possibility the employee will work in Massachusetts. According to the AG, this is true even if the employer is initially unsure if the applicant will work in Massachusetts, according the law firm Ogletree Deakins.
The full text of the guidance is available here.
Source: Ogletree Deakins, 3/16/2018
Posted: March 26, 2018