Legal Question in Employment Law in Massachusetts
My employer is paying 2 of my co-workers health premiums in total and only 50% of mine. They are men, I am a woman. Is this discrimination? We are all salaried employees.
2 Answers from Attorneys
I would need more detail as to the issue. Are there only 2 men and 1 female in this company. have you asked for reasons that this coverage is being made in that fashion and does the company have a specific rule regarding coverage.
Maurice LaRiviere Jr
200 Merrimack Street, Suite 202d
Haverhill, ma 01830
978-373-4044
What you describe is a potential violation of Massachusetts equal pay act, G.L.c. 149, � 105A (1994 ed.) (MEPA), the Federal equal pay act, 29 U.S.C. � 206 (d) (1) (1988).
G.L.c. 149, � 105A, provides in relevant part:
"No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations; provided, however, that variations in rates of pay shall not be prohibited when based upon a difference in seniority."
Wages, the courts have held, include benefits such as health insurance coverage.
Discrimination in the payment of wages can violate the equal pay act whether or not it is intentional. Another law, c. 151B, probibits intentional discimination in wages and benefits and provides for compensatory and punitive damages.
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