Legal Forum
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Posted: 2001-07-04 22:36
When advertising available positions, is it illegal for me to ask that applicants state their salary history on their resumes in order to be considered for the job or to ask what their salary was at their last job?
EpsteinBecker&Green,P.C.
Joined: Sep 13, 2001 Posts: 8461
Posted: 2001-07-05 05:01
I know of no law or rule that prohibits an employer from asking about former salary. I think it is a good idea because it gives you an idea about whether the employee would be getting a big pay increase if hired (something that would make them tend to be loyal and want to stay with your company) or a big pay decrease if hired (something that might make the employee reject the offer or take it only until something better comes along).
shats
Joined: Sep 13, 2001 Posts: 33
Posted: 2001-07-06 07:48
I've heard it argued that forcing a candidate to reveal prior salary history may be viewed as discrimintory on the basis that women and other protected classes have historically been paid less for equal work than their white male counterparts.
bigiyz
Joined: Sep 13, 2001 Posts: 8
Posted: 2001-07-10 07:21
I'm torn. Knowing what someone makes or made at their current or past job has no bearing on whether or not they can do the job that I, as an employer may offer them. I have a set salary scale and know the maximum amount of money that I am willing to pay an employee. They either fall within that scale or they don't. My asking them to reveal what they make/made seems out of line. I just want to make sure I am within my legal rights to ask such questions. And since many past employers will not reveal such information when asked, I assume it is because of some type of legal ramifications.
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Posted: 2001-07-04 22:36 
