[Phone rings]
Ann: “Cutting Edge, this is Ann.”
Customer: “Okay. I’ve reviewed the forms. I’ve banned the box. I only run that background check after I make an offer. I’m aware of the marijuana laws and drug screening regulations in my jurisdiction. WHAT ELSE DO YOU WANT FROM ME?” Softly thuds head on desk.
Ann: (Bites into her donut, coffee in hand) “You’re not asking people what they earned at their last job, are you?”
Customer (whimpers): “Why do you ask?”
It took me a minute to wrap my head around the logic to this, but I understand that the laws are aimed at ending the cycle of pay discrimination and some go further than merely banning pay history questions. A few also prohibit an employer from relying on an applicant’s pay history to set compensation if discovered or volunteered, others prohibit an employer from taking disciplinary action against employees who discuss pay with coworkers.
Salary History Ban:
State and local governments are increasingly adopting laws and regulations that prohibit employers from requesting salary history information from job applicants. Here are is a broad-brush review of jurisdictions that have salary bans as of January 2020:
Alabama (statewide), California (statewide), Colorado (statewide), Connecticut (statewide), Delaware (statewide), District of Columbia (District-wide), Georgie (Atlanta—city agencies), Hawaii (statewide), Illinois (statewide), Kentucky (Louisville, Metro Government), Louisiana (New Orleans, city government), Maine (statewide), Maryland (Montgomery County government), Massachusetts (statewide), Mississippi (Jackson, city), Missouri (Kansas City, government), New Jersey (statewide), New York (statewide, New York City, Albany, Suffolk, Westchester Counties), North Carolina (statewide), Ohio (Cincinnati and Toledo—employers with more than 15 ore more employers in the city), Oregon (statewide), Pennsylvania (statewide, Philadelphia (TBD), Pittsburgh), Puerto Rico (Commonwealth-wide), South Carolina (Columbia, Richland County), Utah (Salt Lake City corporation), Vermont (statewide), Washington (statewide), Currently, 11 states and nine localities have enacted salary bans.
Interestingly, salary bans are still prohibited in Michigan and Wisconsin.
For more specific information, check out: https://www.hrdive.com/news/salary-history-ban-states-list/516662/
Disclaimer: Cutting Edge Background Investigations are not attorneys, and do not give legal advice. Always seek your independent legal counsel where necessary.
