12- 170 C.M.R. ch. 12, § V

Current through 2024-51, December 18, 2024

Section 170-12-V - Employer Self-Evaluation

A. In order to be eligible for the presumption of compliance in accordance with Section IV, the self-evaluation must:

1. Clearly define the establishment in accordance with Section I, subsection G;

2. Analyze the employee population to identify possible areas of pay discrimination;

3. Establish a job evaluation plan as a means of determining the value of jobs within the establishment. The plan must:

a. Be free of any gender bias;

b. Allow for the comparison of all jobs; and

c. Fully and accurately measure the skill, effort, and responsibility of each job based on the actual work performance requirements of the jobs evaluated;

4. Apply the job evaluation plan to all or a significant sample of jobs, focusing on those that are predominately occupied by one gender;

5. Create a job classification structure where jobs of equal value are placed in the same level or grouping;

6. Determine the base pay differential between jobs that are predominately occupied by one gender to those predominately occupied by the other gender, in order to identify any wage rate discrimination; and

7. Remedy any base pay differential identified in subsection 6. In order to meet this standard, such remediation may not reduce the pay of any employee or class of employees.

B. The presumption of compliance may be strengthened where, throughout the self-evaluation, including any needed remediation, the employer maintains communication with and keeps employees apprised of the established process. The method and procedure for that communication may vary according to the size and organizational structure of the establishment. However, any method or procedure chosen should be adequate to reach all employees at the establishment.

12- 170 C.M.R. ch. 12, § V