Written by Erica Parks
Last month, San Francisco Mayor Ed Lee signed the “Parity in Pay” Ordinance, making San Francisco the latest in a growing number of cities and states that have enacted legislation prohibiting employers from asking job applicants about their salary histories. The ordinance, the full text of which is available here, takes effect July 1, 2018 (penalties for violations will be available starting July 1, 2019). Under the new law, employers will be prohibited from:
- Asking about an applicant’s current or prior salary;
- Considering or relying on an applicant’s salary history in determining whether to make a job offer or what salary to offer;
- Refusing to hire or otherwise retaliating against an applicant for refusing to disclose their salary history; and
- Releasing the salary history of a current or former employee without written authorization unless such information is required to be disclosed by law, publicly available, or subject to a collective bargaining agreement.
However, employers may discuss an applicant’s salary expectations and any benefits they would have to forfeit in order to take the new job (e.g., unvested equity or deferred bonus compensation). Further, when an applicant voluntarily discloses salary history without prompting by the employer, the employer may consider such information. Of course, pursuant to California Labor Code 1197.5, such history by itself cannot be used to justify paying such applicant less than an employee of a different sex, race, or ethnicity for doing substantially similar work under similar working conditions. Click here to view our previous alert. (more…)