(from Venable) At least five states have enacted laws prohibiting nonprofit schools and other employers from using salary history to either screen or evaluate job candidates, and legislation either has been passed or is pending in several other states and cities. One such law — New York City's — went into effect on October 31, and most of the others will take effect by this summer. The law firm Venable advises affected employers to take several steps to avoid asking about compensation history, including training HR staff and hiring managers to comply with the new rules, along with recruiters.
However, employers may generally discuss an applicant's compensation expectations for the position sought, as long as the discussion focuses on prospective pay, not previous.
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