A Year-End Refresher On Laws Banning Pay History Inquiries

By Amy Traub and Amanda Van Hoose Garofalo (November 19, 2018, 9:03 AM EST) -- Most employers are familiar with the concept of equal pay — namely, that an employer cannot base pay decisions on gender and must pay individuals equal pay for substantially equal work. This certainly is not a new or novel concept, having first been set forth in the Equal Pay Act of 1963. More recently, however, some state and local jurisdictions have enacted additional legislation in an attempt to mitigate what some view as being one of the causes of disparate pay. Specifically, a recent wave of legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his/her salary history....

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