Are employers allowed to require job applicants to disclose their salary history?
In California, employers are not allowed to require job applicants to disclose their salary history. This is part of the California Fair Pay Act, which prohibits employers from considering an applicant’s past salary when making decisions about their current position. This is meant to help ensure that job applicants receive fair pay based on what they are currently able to do in the job, not necessarily based on what they were previously paid. It is still legal for employers to ask questions about job applicants’ salary expectations, as well as any bonuses, or other forms of compensation they may be expecting. However, salary history questions are not allowed in California. Additionally, employers are not allowed to take into account an applicant’s credit history or medical history in making hiring decisions. California employers must also prove that any gender-related pay differential is based on factors other than just sex. Overall, employment discrimination law in California is aimed at making sure that employers only make hiring and pay decisions based on an applicant’s qualifications and job performance, not on their age, race, sex, or past salary history.
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