Connie Bertram and Emilie Adams published an article in the November/December issue of OFCCP Digest titled “States and Localities Step into the Breach on Pay Equity: New and Proposed Prohibitions on the Disclosure of Salary History.” The article focuses on recent laws passed by states and localities prohibiting employers from asking job applicants about their compensation histories in making and negotiating salary offers. The California law also requires employers to provide salary ranges upon request. As discussed in more detail in the article, the laws seek to prevent employers from inadvertently perpetuating historical pay disparities between male and female workers. Connie and Emilie’s article also provides a number of helpful “do’s and don’ts” for employers to keep in mind, including proactive recruiting and hiring practices employers can adopt now to ensure compliance with salary history bans and avoid future liability.
You can find an updated version of the article here.
You can find Proskauer’s previous posts on the various state and local salary history bans that have passed (or nearly passed), including those passed (or nearly passed) in Massachusetts, New York City, San Francisco, Oregon, California, and Illinois, on Proskauer’s Law and the Workplace blog.