What Not To Ask: The Rise of “Salary History Ban” Laws

Please join us for the next edition of Third Thursday - Crowell & Moring’s Employment Law Update, a webinar series dedicated to helping businesses stay on top of developing law and emerging compliance issues.

Several state and local jurisdictions, including New York City, D.C., and California, have enacted or proposed laws which would prohibit employers from asking applicants about their salary history. The laws, which are intended to promote pay equity by negating the effects of past pay discrimination, particularly against women, are part of a nation-wide trend: 18 other states have proposed bills, and more are likely to follow.

In this month’s program, our panelists will discuss the ins and outs of the laws in New York City, Delaware, Philadelphia, and Massachusetts, which will go into effect in the next year. We will also explore some of the open questions regarding employer compliance, including:

• What does it mean to “prompt” an applicant to provide salary information? 
• What changes should employers make to online applications? 
• What can an employer ask of its third-party recruiters? 
• How should employers address situations in which an applicant volunteers her prior salary?