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.
Related FAQs
What types of evidence can be used in an employment discrimination case?Is discrimination based on sexual orientation or gender identity illegal?
What is the burden of proof for a discrimination case?
Are there special rules that apply to immigrants in employment discrimination cases?
Are employers required to treat employees differently due to their religion or beliefs?
Are employers allowed to require job applicants to take a drug or alcohol test?
Are employers allowed to require job applicants to take a physical or mental ability test?
What is the legal definition of "invidious discrimination"?
Are employers allowed to terminate employees for filing a charge of discrimination with the EEOC?
Are employers allowed to terminate employees for performance related issues?
Related Blog Posts
Top 5 Reasons to Speak to an Employment Discrimination Lawyer - July 31, 2023The Risks of Not Seeking Legal Advice Regarding Employment Discrimination Law - August 7, 2023
How to Prepare for an Employment Discrimination Lawsuit - August 14, 2023
Understanding the Benefits of Fighting Employment Discrimination in the Workplace - August 21, 2023
Family Medical Leave: When Can It Be Considered Employment Discrimination? - August 28, 2023