Several jurisdictions are expanding and clarifying their laws prohibiting gender-based discrimination in pay, including restricting employers from making inquiries into an applicant’s pay history during the hiring process. This is because a candidate’s pay history may reflect discriminatory pay practices of a previous employer, which then could result in lower wages in the new job. While these laws differ among jurisdictions, they typically prohibit employers from seeking compensation history from an applicant or his/her current or former employer. Generally, employers are also prohibited from screening applicants based on their pay histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria. The following jurisdictions have enacted these types of restrictions: Oregon (effective October 6, 2017) New York City, NY (effective October 31, 2017) Delaware (effective December 14, 2017) Massachusetts (effective July 1, 2018) San Francisco (effective July 1, 2018) Philadelphia (blocked due to pending litigation – watch for developments) If you are covered by one of these laws, remove salary history questions from application forms and...Read More
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