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April 10, 2007
Requests for Salary History Can be Discriminatory
Savvy career counselors (like Jack Chapman) have long cautioned interviewee’s to delay, if not avoid altogether, discussion of their salary history. This wise advice acknowledges that the real money issue is the value the candidate brings to the open position, not how much she made at her last job.
It’s a short step from the reality underpinning that strategy to the idea that women -- and other protected groups who historically have earned less -- have reason to worry about having their low wage trend continue if they have to disclose that trend during the interview process.
And most of the federal courts that have addressed the issue seem to agree: Employers should need some good reason to ask, otherwise it could constitute illegal discrimination.
Many thanks to employment attorney Jeffrey Lax, Assistant Professor at Kingsborough Community College, Brooklyn, NY, for championing this cause – including summarizing the various court decisions and explicating some of the complexities around the applicable statutes – and gracefully offering you a copy of my interview of him on this emerging issue. Send me an email and I’ll send you a copy of my interview with Professor Lax when it becomes available.
Posted by danfelix at April 10, 2007 04:33 PM
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