October 01, 2017

Salary Inquiries Becoming a Thing of the Past

By Lara A. H. Shortz
California Hotel & Lodging Association Newsletter

Lara Shortz’s article, “Salary Inquiries Becoming a Thing of the Past,” was published in October 2017 in the California Hotel & Lodging Association Newsletter.

From the article . . .

Attention employers in San Francisco, you are the latest to be prohibited from asking questions about a job applicant’s compensation history, a move designed to close the gender pay gap.

The Parity in Pay Ordinance, which takes effect next year (July 2018), will ban employers (hotel and resort owners/operators among them) in the City by the Bay from seeking such information during the hiring process. Indeed, under the new law – which defines employers to include job placement and employment agencies (e.g., recruiters and executive search firms) acting on behalf of their company clients – salary history cannot be considered or relied upon by an employer in determining whether to extend a job offer or in formulating its terms. That being said, if a prospective employee voluntarily discloses his or her salary history without prompting, an employer may take steps to confirm the information and use it when making hiring decisions.

Lara A. H. Shortz

Firm Recruiting Partner/Labor & Employment Practice Group Leader
Labor & Employment