Showing Posts In "Salary History Ban & Salary History Checking" Category





Maryland Employers, Beware: Salary History Ban Now Extended to Job Applicants

Effective Oct. 1, 2020, Maryland employers will be prohibited from requesting or relying on an employment applicant’s wage history to make decisions about employment or initial pay rates, requiring many employers to make immediate changes to their hiring practices. Although the state passed the Equal Pay for Equal Work law in 2016, prohibiting gender-based pay […]


Salary History Questions Are Now Banned in New York

Since early January, New York employers have been prohibited from inquiring about an applicant’s prior salary. Applying to all public and private employers within New York state and covering applicants and employees who have taken an affirmative step to seek full-time, part-time, or temporary/seasonal employment with an employer, the law does not apply to independent […]


What is Past is Prologue: The Ninth Circuit Again Rules That Prior Salary Cannot Justify Pay Differences

In February, the Ninth Circuit issued a decision in Rizo v. Yovino, holding that the prior salary cannot be used as a “factor other than sex” to justify pay differences under the federal Equal Pay Act. With the Feb. 27 ruling, the Ninth Circuit joined the Tenth and Eleventh Circuits in holding that the Equal […]


Philly’s Salary History Ban to Be Enforced Starting in September

The Philadelphia Commission on Human Relations (PCHR) will begin enforcing the Philadelphia Wage Equity Ordinance on Sept. 1, 2020. The Ordinance prohibits all employers, employment agencies, or their agents from asking about a job applicant’s current or prior salary history during the application or hiring process if the position is located in Philadelphia. The PCHR […]


Maryland Salary History Ban and Wage Range Notice Requirements to Take Effect October 1

Effective Oct. 1, 2020, a new Maryland law that amends the state’s existing Equal Pay for Equal Work (EWEW) law, will prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances. It also requires an employer to provide an applicant, upon request, […]


HR’s Game plan for Handling the Salary History Question

Although in years past, a candidate’s income information was used to create a compensation package that an applicant would accept, hiring managers are no longer able to access this confidential information. Pay disparity has brought the subject to light and bans on requesting salary information work to close the gender pay gap. As of February […]


Prior Pay History? Still a “Jump Ball”: Law Continues to Vary by Location and Protected Status

In order to understand the complexities of the issue of setting a new hire’s pay based on his or her prior pay, two legal issues should be considered. All court decisions interpreting the Equal Pay Act (EPA) and the Equal Employment Opportunity Commission (EEOC) agree that employers may ask about prior salary history, although a […]


Stop Asking Job Candidates for Their Salary History

Research indicates that CEOs who wish to take immediate action to reduce pay disparities for Black and women employees should make one change: stop asking about prior pay. Salary history bans in 14 states have led to substantial pay increases for Black – up 13 percent – and female – up 8 percent – for […]


HR’s Game plan for Handling the Salary History Question

Although in years past, a candidate’s income information was used to create a compensation package that an applicant would accept, hiring managers are no longer able to access this confidential information. Pay disparity has brought the subject to light and bans on requesting salary information work to close the gender pay gap. As of February […]


City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

The City of Columbia, South Carolina, enacted an ordinance last year that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices, but various portions of the ordinance suggested that the City had actually not intended to cover private employers. As a result of an overwhelming amount of attention, the […]




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