Can I Ask for Salary History When Hiring?

salary historyMore states are introducing legislation aimed at eliminating the ability for employers to ask for salary history from applicants. Massachusetts, Philadelphia, and New York City have already passed laws. California, Mississippi, and Pennsylvania have introduced bills this year, and New Jersey may follow suit. Eliminating salary history questioning is designed to help close the pay gap between men and women, and minority and white employees. By continuing to pay employees the same amount over time, systemic wage discrimination of women and minorities can keep replicating itself. Certain questions can imply hiring discrimination and should be avoided.

Questions That Should Not Be Asked to Job Applicants

  1. Are you disabled?
  2. What is your political stance?
  3. Are you married/do you plan to have children?
  4. How old are you?

These questions are not explicitly illegal, but can lead to discrimination allegations against employers. Employers have to evaluate employees, but asking risky questions that bear no relevance to the job title and description is a bad idea.

Employers have argued that it is difficult to set wages and attract top talent without asking for salaries, but much of that information is now available online. If your business has been accused of hiring discrimination, having an experienced New Jersey small business attorney can help review your hiring process.



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