What is the salary history ban, and what should employers know about it before interviewing new candidates for a job opening? Here's everything you need to know.
The salary ban entails several components, depending on the law. That said, it boils down to that some states and localities prohibit employers from asking about salary.
Transparency in pay refers not to being expected to share your current pay or salary history with a prospective employer but, rather, the act of companies adopting full transparency policies so each employee knows what their colleagues make. This is another tool to close the gender pay gap, as women still earn 79% of what their male colleagues make.
State and local governments are increasingly adopting laws and regulations that prohibit employers from requesting salary history information from job applicants.
The laws are aimed at ending the cycle of pay discrimination and some go further than merely banning pay history questions. A few also prohibit an employer from relying on an applicant's pay history to set compensation if discovered or volunteered; others prohibit an employer from taking disciplinary action against employees who discuss pay with coworkers.
Here, we track the states, cities and other jurisdictions that have passed such bans, and offer a brief description of each law's requirements, its effective date and a link to the original law.
Here are answers to some of the most frequently asked questions on the salary-history question ban.
It's illegal to ask for salary history in several states including California, Connecticut, Delaware, Hawaii, Massachusetts, Oregon and Vermont, which all have some form of ban for private employers. Localities with these bans include Cincinnati (which will start in 2020), New York City, Philadelphia (pending a current legal challenge), Puerto Rico and San Francisco, as well as multiple counties in New York. Some states and localities also ban salary-history questions from public employers only.
In some states and localities, it is indeed illegal to ask salary history in a job interview or when considering or hiring a candidate.
In some states and localities, employers are not allowed to ask your current salary in a job interview or while considering or hiring your for a job opening.
AnnaMarie Houlis is a feminist, a freelance journalist and an adventure aficionado with an affinity for impulsive solo travel. She spends her days writing about women’s empowerment from around the world. You can follow her work on her blog, HerReport.org, and follow her journeys on Instagram @her_report, Twitter @herreportand Facebook.
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