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The Latest Trend in Employment Law: Banning Salary History Inquiries

By Christopher D'Angelo
September 02, 2017

Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. As mentioned previously in these pages, several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history. With a law recently passed and becoming effective on Oct. 31, 2017, New York City joins Philadelphia, Massachusetts, Delaware, Oregon, and Puerto Rico as the newest member of this club. Similar legislation has been proposed in several jurisdictions, including California, New Jersey and Washington State as well, while New York State, Pittsburgh and New Orleans have enacted laws or issued executive orders prohibiting such inquiries in the public sector.

Rationale Behind the Ban

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