In an effort to close the gender pay gap, a growing number of U.S. cities, states, and territories have passed measures that bar employers from inquiring into a job candidate’s compensation history. Pay history questioning has shown to have a large impact on the economic opportunities of women and racial minorities.
While employers are not prohibited from discussing salary expectations, HireRight suggests a best practice of refraining from inquiring about a candidate’s previous compensation.
We recommend that organizations consider creating a standardized pay discussion in consultation with their legal counsel that takes into account the most recent regulations to ensure that their screening program is compliant with the law and fair to all candidates.
*Updated December 2018
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