New Jersey Legislature Considers Banning Salary History Questions

Date: October 04, 2016 Last Edit: October 06, 2016

Mandate would require interview procedure changes for businesses.

New Jersey Assembly Considers Banning Salary History Questions

If a bill being considered in the
New Jersey Legislature is passed by both chambers, it could soon be illegal for
employers to ask job applicants about their salary history.

The bill, A-4119, sponsored by
Assemblywoman Pam Lampitt, is aimed at securing equal pay between genders and
fair compensation for younger workers. The National Law
Review
 
reports that job applicants may voluntarily share information about
their wages during the interview process, but employers cannot require that
this information be disclosed as a condition of employment. Employers would
also be prohibited from taking any retaliatory action against employees or
candidates based on salary history or because of opposition to salary
information requests. The bill would also bar employers from setting a minimum
or maximum salary history as a condition of being interviewed for a job
opening.

Mandates placed on businesses are
nearly always worrisome. NFIB/ New Jersey is concerned that this proposal would hurt small businesses and decrease jobs and that it has the potential to inaccurately portray the reasons behind possible pay gaps. Employers would need to make changes to their
application materials, interview questions, negotiation policies, and the
overall way they look for and evaluate candidates to find the right person for
the job.

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