Where a plaintiff has alleged that the defendants wrongfully sought his wage history in connection with his prospective employment in violation of G.L.c. 149, §105A(c), the defendants are not entitled to dismissal despite their argument that the plaintiff has failed to establish that he incurred damages and has failed to allege pay discrimination.
“… Nothing in the plain text of subsection (c) requires that pay discrimination result from the prohibited inquiry into a prospective employee’s wage history. …
“Though subsection (c) is enforced ‘in the same manner as subsection (b),” which may require showing ‘unpaid wages’ resulting from pay discrimination, subsection (c) provides that ‘the plaintiff may also recover any damages incurred.’ G.L.c. 149, §105A(c) (emphasis added). Thus, such damages are different from any ‘unpaid wages’ resulting from pay discrimination — the latter of which, again, is not a precondition to a subsection (c) violation. [Plaintiff David] Bernat alleges that this inquiry played a role in [defendant] CJP’s subsequent breach of their agreement, resulting in the damages of lost employment. …”
Bernat v. Combined Jewish Philanthropies of Greater Boston, Inc., et al. (Lawyers Weekly No. 12-012-23) (8 pages) (Doolin, J.) (Suffolk Superior Court) (Docket No. 2284 CV 01263) April 27, 2023).
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