Are employers allowed to ask questions about previous salary history?
In Texas, employers are generally allowed to ask applicants about their previous salary history. However, employers should be aware of the laws surrounding the questions and the answers they provide. First, employers should research the applicable state laws governing the topic. In Texas, employers are prohibited from making inquiries about an applicant’s wage history unless the information is voluntarily disclosed. For employers to rely on salary history information as part of their recruitment process, they must ensure that they are not violating any state or federal laws. Second, employers should ensure they are not asking any questions that could be perceived as discriminatory. For example, asking a female applicant what her salary was in her previous job could be seen as a form of gender discrimination. Finally, employers should clearly communicate the purpose of the salary history question to the applicant. This should include an explanation of how the salary information will be used in the hiring process. Overall, employers should use caution and carefully research the laws surrounding questions about salary history prior to asking an applicant these types of questions. Employers should also ensure they are providing an equal opportunity to all applicants regardless of their wage history.
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