Senate passes Frances Perkins Workplace Equity Act

On October 20, 2023, in Latest News, by The Somerville Times

Yesterday the Massachusetts Senate voted and passed Senator Patricia Jehlen’s (D-Somerville) bill S.1191 An Act relative to pay range transparency for a vote. Known as the“Frances Perkins Workplace Equity Act,” after the first woman to serve as U.S. Labor Secretary, this legislation builds on the state’s landmark Equal Pay Act, also originally sponsored by Senator Jehlen.

This bill would require the disclosure of a pay range for any job being offered or posted by an employer. Employees would be allowed to request the pay range for their current position. Employers would be required to include in a job posting a pay range they reasonably expect to use for the position offered. The bill would cover employers with at least 25 employees and would cover agents of the employer, like recruiters. 

“Many workers, especially women and people of color, underestimate their own value in the job market,” said Senator Jehlen. “The 2016 Equal Pay Act made real progress on breaking down barriers by banning employers asking applicants for salary history. This helped women and people of color who were changing jobs because their past low pay didn’t follow them their whole lives. However, it didn’t help applicants learn how much a job could pay or how to assess their work’s value to be able to get past the new barrier of their “salary expectations’This bill will give workers a better chance to be paid fairly by giving them straight forward information and help them have reasonable expectations. 

The bill also includes new data collection provisions to help identify gender and racial wage gaps within business sectors. Research shows that salary range transparency in the hiring process is one of the best tools to help close gender and racial wage gaps. Access to salary information has been shown to be critical in closing gender and racial wage gaps.  It will allow people to better understand the value of their labor and negotiate for better pay.  It also benefits employers by reducing applications from jobs where the applicant will never take the job once they know the pay range. 

Data collection is vital as we cannot fix what we don’t measure. Together these measures will help level the playing field for all workers and employers. I am so grateful for the many people who have helped improve and move this legislation forward!” said Senator Jehlen. 

“This is simple: everyone deserves equal pay for equal work, regardless of your gender, race, ethnicity, or background,” said Senate President Karen E. Spilka (D-Ashland), who sponsored previous pay equity legislation that was enacted into law in 2016. “It is far too common for women and people of color to be paid less than their coworkers nationwide, and we are not immune to this discrepancy here. By passing this bill, the Senate stands united behind every worker—and with every business—in Massachusetts in our steadfast commitment to the fundamental principle that every person has the right to be treated and compensated fairly in the workplace.” 

The bill is also supported by the Wage Equity Now (WEN) coalition, a group of more than 50 labor, business, civil rights, social service, racial justice and women’s rights organizations. The Massachusetts Caucus of Women Legislators was also a strong proponent of the bill, choosing the bill as one its priorities out of over 6,000 bills.  

“The Wage Equity Now coalition worked hard for years to achieve passage of this bill,” stated former Lieutenant Governor Evelyn Murphy, the founder of the WAGE (Women Are Getting Even) Project Inc. “The transparency in this bill provides workers with knowledge that they are paid fairly and have opportunities to advance. That’s good for the Massachusetts economy and especially good for workers of color and women. The most powerful incentive to building the Massachusetts workforce is to provide workers with the knowledge that they are paid fairly and have opportunities to advance. This law advances that for all workers.” 

“We are grateful for the leadership of Senate President Spilka and Senators Jehlen and Feeney to pass this historic legislation,” said Keith A. Mahoney, Vice President of Communications and Public Affairs at the Boston Foundation (TBF), the convener of the Wage Equity Now Coalition. “TBF’s commitment is to equity and closing opportunity gaps, and this is a bold step and long overdue step that enhances transparency and the increases our ability to attract talent and improve our Commonwealth’s competitiveness.” 

“The Women’s Caucus selected this bill as one of just five legislative priorities for this session, and we are pleased to see that it passed the Senate today,” said Women’s Caucus Co-Chair Sen. Joan Lovely (D-Salem). “With 62 members comprising 31% of the legislature, our bipartisan and bicameral Caucus supports this bill because we know that this represents the next step to ensure true equity and competitiveness in our workplaces. Women, particularly of color, continue to make less than what white men earn, and it is critical that we close these persistent gaps. We are grateful to Senate President Spilka for bringing it to the floor for a vote.” 

“Associated Industries of Massachusetts and its 3,400 members thank the Senate for passing a bill that will make the Commonwealth a leader in wage equity and transparency,” said Brooke Thomson, President of Associated Industries of Massachusetts (AIM). “AIM is proud to have worked with the Legislature on a bill encouraging employers to create fair compensation systems that will give them a leg up in the competitive market for skilled employees. We look forward to continuing our collaboration with lawmakers to ensure that this bill reaches Governor Maura Healey’s desk as soon as possible.” 

Having passed the House and the Senate, the branches will need to resolve any differences between the bills before it moves to the Governor for her signature. 

 

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