Compliance
Affirmative Defense
A complete legal defense for employers who conduct a good faith, reasonable pay equity self-evaluation.
Definition
Under MEPA, an 'Affirmative Defense' is a complete defense available to an employer if, within the previous three years and before an action is filed against it, the employer has conducted a good faith, reasonable self-evaluation of its pay practices. To qualify, the self-evaluation must be reasonable in detail and scope, and the employer must demonstrate reasonable progress towards eliminating any impermissible gender-based wage differences revealed.