California Clarifies Ban On Salary History Questions
In 2017, A.B. 168 was signed into law prohibiting employers from asking job applicants for "salary history information." This was intended to protect a Gender Pay disparity, whereby some employers knowingly or not fostered a pay disparity between men and women simply by basing a new salary on an old salary -- even though the prior salary may have been influenced by gender discrimination. The 2019 clarification states employers may ask about an applicant's salary expectations for a position. Additionally, prior salary history may be utilized by a new employer under a narrow set of circumstances believed to avoid gender discrimination.
For more information on the "salary history" ban, please contact us at your convenience.