Salary History Questions Are History

Alston & Bird
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Prohibiting inquiries about an employment applicant’s salary history is one of the latest efforts by lawmakers at various levels of government to close the wage gap between men and women and minorities and non-minorities. In addition to – or possibly in response to – a failed effort by Congress to amend the Fair Labor Standards Act to prohibit employers form asking job applicants for their salary history, a growing number of states and municipalities have enacted laws implementing various forms of pay inquiry bans.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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