Are employers allowed to ask questions about previous salary history?
In Hawaii, employers are prohibited from asking questions about a job applicant’s previous salary history during the process of hiring or promoting an employee. This law was established to ensure that employers pay employees fairly and avoid perpetuating gender and race wage gaps. The Hawaii Equal Pay Act states that employers cannot inquire about an individual’s past or current salary, wages, or benefits. It also prohibits employers from using salary history as a factor in determining whether to offer employment, how much to offer, or what benefits to offer. Employers are allowed to ask questions related to an individual’s experience, knowledge, skills, performance, and other qualifications to determine their qualifications for the position. Additionally, employers are allowed to ask job applicants what their salary expectations are. Overall, Hawaii’s laws regarding salary history inquiries in the employment process protect employees’ rights to earn equal pay, regardless of their race or gender. Employers who violate this law may be subject to penalties, including fines or potential lawsuits from employees.
Related FAQs
What kind of discrimination is illegal in the workplace?What is the difference between a grievance and a complaint?
What are the rights of employees who become pregnant?
Are there any restrictions on firing an employee?
What is the difference between constructive dismissal and wrongful dismissal?
What are the rights of employees in a collective bargaining agreement?
Are employers required to provide employee health benefits?
What are the requirements for overtime pay?
Are employers allowed to conduct background checks on job applicants?
Are employers allowed to reduce an employee's hours or duties without notice?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023