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Proposed Pay Transparency Legislation Consultation

The Ministry of Economy and Labour has launched a public consultation on the proposed Pay Transparency Legislation.

This proposal seeks to advance the Government’s commitment to fair and equitable workplaces by introducing measures that promote openness in how pay is determined. It outlines a framework to help address wage gaps linked to gender, race, and ethnicity by requiring greater transparency, strengthening employee protections, and supporting consistent, fair pay practices across Bermuda.

We invite members of the public, employers, employees, and industry stakeholders to share their views on the proposed Pay Transparency Policy, as your feedback is essential in helping the Government ensure the legislation is practical, fair, and reflective of Bermuda’s needs. Participants are encouraged to start discussions on any aspect of the proposed Pay Transparency Policy they wish to raise.

PolicyProposal-to-Introduce-Pay-Transparency-Legislation.pdf

(814.9 KB)

7 weeks left

Phases

Phases overview

Phase 1: Feedback

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Feedback

April 13, 2026 - June 30, 2026

7 ideas

Tiffany Pitt2 weeks ago

Patrick Caton3 weeks ago

Quinton B. Butterfield4 weeks ago

kyla scott3 weeks ago I am writing to support the proposed Pay Transparency Legislation because it is a vital step toward making Bermuda’s job market fair for everyone, regardless of age, race, or gender. Too often, people are pushed aside for entry-level opportunities because of a 'lack of experience'—but you cannot get experience without a first chance. I believe this legislation should require employers to use objective criteria that value potential and a willingness to learn.Crucially, this 'fair chance' should apply regardless of age. Whether someone is 18, 30, or 50, they should not be aged out of an opportunity just because they are starting a new career path later in life. Furthermore, as a Black woman, transparency is essential to ensure that pay and hiring decisions are based on the value of the role, not on identity. By requiring salary ranges to be posted upfront and protecting our right to discuss pay without fear of being penalised, the Government can ensure that no one is overlooked or underpaid due to hidden biases. We need this framework to ensure that career paths are determined by hard work and skill, not by unattainable requirements.

Anthonette Simons4 weeks ago Title: Consider Broader Recruitment Realities Before Implementing Pay Transparency RequirementsIdea Submission:I appreciate the intention behind the proposed Pay Transparency legislation, but I believe there are several structural issues in Bermuda’s recruitment landscape that should be addressed before implementing measures that may unintentionally limit employer flexibility or reduce the available talent pool.1. C‑Suite and Senior Roles Can Still Be Advertised Overseas Even with pay transparency requirements, this legislation does not address the fact that many C‑Suite and senior leadership roles can be advertised directly overseas. If these positions remain outside the local recruitment ecosystem, pay transparency alone will not create meaningful equity for Bermudians seeking advancement.2. Specialized and Technical Roles Often Have Ambiguous Requirements For highly technical or specialized roles, job descriptions are often written by SMEs because HR departments may not fully understand the specific skills required for the company to function. This can lead to broad or ambiguous requirements that unintentionally exclude qualified local applicants. Before mandating salary ranges, it may be more effective to first standardize how technical job requirements are defined.3. Mandatory Salary Ranges May Reduce Flexibility If salary ranges become rigid, employers may lose the ability to negotiate with highly qualified candidates. This could discourage strong applicants from applying—similar to what already happens with some Government roles where posted salaries do not reflect what an experienced candidate could reasonably negotiate.4. Some Proposed Points May Already Be Covered Under Existing Legislation For example, restrictions on salary‑history inquiries are already common practice and could be addressed through the Employment Act without requiring a full consultation. Likewise, employee access to salary‑range information is already standard in many organizations.5. Consultation Should Address These Structural Issues First Before moving forward with pay transparency requirements, it may be more productive to address: • how senior roles are advertised, • how technical job descriptions are created, and • how to ensure flexibility for employers to recruit and retain qualified staff.Without addressing these underlying issues, pay transparency may create new barriers rather than solving existing ones.I hope these points can be considered as part of the consultation process.

Antonio Collins 3 weeks ago

K A4 weeks ago I support the introduction of pay transparency legislation and, in particular, the shift from a reactive complaints-based model under the Human Rights Act 1981 to a more proactive compliance framework.However, I have several concerns regarding the effectiveness of the proposal as currently structured.First, while the proposal acknowledges disparities linked to race, immigration status, and access to high-paying industries, it does not address the structural barriers that drive these disparities. Pay transparency alone risks documenting inequality rather than resolving it, particularly where access to senior or specialised roles remains uneven.Second, the proposal relies heavily on employer-created policies and internal processes. Without robust, outcome-based oversight, there is a risk that employers will meet formal requirements without meaningfully changing pay practices. Consideration should be given to periodic audits or reviews that assess actual pay outcomes rather than policy compliance alone.Third, the enforcement framework appears limited. To ensure effectiveness, the legislation should include clearer consequences for non-compliance, including financial penalties proportionate to employer size and, where appropriate, public reporting obligations.Finally, the proposal would benefit from more direct engagement with Bermuda’s specific labour market dynamics, including the role of international recruitment, credential requirements, and access to advancement opportunities for Bermudians.In its current form, the proposal is a strong first step, but additional measures are needed to ensure it produces substantive, rather than procedural, equality.

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