There is a growing movement among legislators to ban employers from asking applicants their current or most recent salary. In Maryland, an employer can ask current salary information, but New York City, Massachusetts, and Philadelphia have recently acted to ban the question.
A few months ago, Philadelphia joined New York City and Massachusetts, where legislation was already passed barring employers from asking job candidates about their salary history or benefits. The New York ban takes effect later this year and Massachusetts' prohibition takes place in July 2018. New Orleans and Puerto Rico have also passed similar measures. Other states considering similar measures include Maryland, Maine, Illinois, New Jersey, Pennsylvania, Rhode Island, and Vermont. Representative Eleanor Holmes Norton has also introduced a similar bill in the House of Representatives called the Pay Equity for All Act.
The goal of the legislation is to fight and decrease the gender pay gap, and end current inequalities that exist between male and female salaries. Additionally, those in favor of the ban argue lower past salaries should not condemn one to a lifetime of inequity. Those against the new laws argue it may decrease pay for men and fail to increase pay for women, which would negatively affect tax revenue.
Please contact Thatcher Law Firm to stay apprised of all the latest employment law regulatory issues.