Are employers allowed to ask questions about previous salary history?
In West Virginia, employers are allowed to ask questions about a potential employee’s previous salary history. Though not explicitly prohibited by law, the West Virginia Supreme Court has made it clear that questions about past salary should not be used to make an employment decision. This means that employers must consider a candidate’s experience, qualifications, and skills before making a hiring decision. The West Virginia Human Rights Act also protects employees from discrimination based on prior salary. This means that employers cannot use an applicant’s salary history to decide whether to hire them and should not use that information to determine the salary offered. When employers are allowed to ask questions about previous salary history, they must consider more than just the salary figures. Employers must look at a potential employee’s skills, experience, and qualifications as well as past salary. Additionally, the salary offered should reflect the experience, qualifications, and skills of the employee. Overall, it is important for employers in West Virginia to consider factors other than salary history when making hiring decisions. Though employers are allowed to ask questions about previous salary history, they should use this information as one of many factors in making their decision.
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