Comply With Salary History Inquiry Laws

Key Points

  • Several states and municipalities prohibit an employer from asking about or considering a job applicant's salary history during the recruiting and hiring process. The intent of these laws is to close the gender wage gap by prohibiting employers from relying on a candidate's past salary to determine compensation.
  • Employers subject to these laws must ensure that their job applications and recruiting materials are in compliance and that HR and supervisors are trained not to seek the prohibited information when interviewing job candidates.
  • All employers, whether subject to a salary history law or not, should ensure compliance with the federal Equal Pay Act, which requires equal pay for equal work regardless of gender.

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