How does this work in California given that employers cannot ask for a candidate's salary even through an agent? Does this not qualify?
Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits. [1]
> An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.
That being said, how do you enforce a provision like that in the face of every company having all information on every candidate, seeing that mind reading hasn't been invented yet.
I believe the point Beefy is making is that once they have your information, how can you prove that it was used in determining whether someone gets hired or how much their salary will be.
If it’s possible to sue for discrimination based on gender identity and orientation, why would it be impossible to sue for discrimination based on salary, if you have a record of prospective employer checking your salary records?
Sorry, to clarify, I meant in terms of whether any aspect of compensation can be legally used to influence how much non-salary compensation a company offers to a candidate.
I’m not a California resident. Can someone who is try and report back? Sounds like a follow up blog post/instructional tutorial is needed if it works, and calls to state and local reps that this should be opt in.
Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits. [1]
[1] https://www.dir.ca.gov/dlse/california_equal_pay_act.htm