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Futile New York City law bans employers from asking job applicants about their salary history
Hotair ^ | 05/05/2017 | Jazz Shaw

Posted on 05/05/2017 8:28:18 AM PDT by SeekAndFind

Yesterday was apparently “Equal Pay Day!” but only in New York City. Similar to Tax Freedom Day, the actual Equal Pay Day was back on April 4th and was described as how far into 2017 women would supposedly have to work on average to earn the same amount of money a man in the same job would have made in 2016. (If you really want to tick off anyone celebrating this event, send them to read the Wikipedia Background section on the subject, which actually pegs it pretty well.)

The somewhat delayed holiday was observed in New York City in a very special way. Mayor Bill de Blasio signed into law a new rule which will forbid employers from inquiring about any job applicant’s salary history or current earnings. This bill was finalized through the legislative process back on the actual Equal Pay Day, but now it’s been signed off and is ready to go into effect in October. (CNN)

Mayor Bill de Blasio, a Democrat, signed a bill on Thursday that makes it unlawful for those involved in the hiring process to inquire about what an applicant currently makes — a measure that takes aim at the gender pay gap.

“This is about fixing a broken history. This is about overcoming years and years of discrimination that held people back,” de Blasio said at the signing ceremony.

The law will go into effect in October. In the meantime, businesses that look for talent in one of the country’s largest labor markets will need to reexamine their hiring practices.

“This will require employers to change their job applications, employ new practices in terms of hiring, [and] retool how they engage in the salary discussions with prospective employees, focusing on salary expectations rather than current salary,” said Kathleen McLeod Caminiti, a New York attorney with Fisher Phillips who represents employers.

Two things to take note of on this subject. The first is already well known but rarely discussed in political and media circles. The actual gender wage gap, as evaluated in this Pew Research study (among many others), is caused by a variety of factors, including differences in education choices, job and industry preferences, average work experience, length of the work week, salary negotiation styles and breaks in employment. Only a small percentage is attributed to actual gender discrimination.

But more to the point, even if you think that most of the wage gap is caused by discrimination, this law is essentially window dressing which does little or nothing to address it and actually limits the ability of highly qualified applicants to succeed while stifling the screening process for employers. Anyone with any experience running a business already knows what the prevailing wages in their industry are and they have a range in mind as far as what they’re willing to offer before an applicant shows up for an interview. Hiding what you are currently making isn’t going to change that. The only reason there is “a range” is because some employees are simply better performers and are more valuable to the business. From the applicant’s perspective, if they have really excelled in their field, one of the best ways to demonstrate that is by showing how highly valued they are at their current job. Keeping that information in the dark limits their ability to land the best positions.

From the employer’s side of the coin, it’s not just a question of identifying the best candidates, but also getting some sort of idea about those who might not perform as well. If the applicant is earning noticeably below the industry average, that may be an indicator that their current boss doesn’t have the same glowing evaluation of their performance as is portrayed on the applicant’s resume. That can apply to either gender and isn’t a question of discrimination. Perhaps a different part of the explanation is that the applicant (be they male or female) is a poor negotiator when it comes to making their salary demands. (A trait often ascribed to female applicants for whatever reason.) Is that “discrimination” or bias of some sort? Or is it simply good business? Once the employer has identified an applicant they would like to hire, there’s no point in forcing them to take more money than they are willing to accept. That’s a uniquely stupid business model and doesn’t speak well of the company’s long term prospects.

This new law addresses none of these issues and will only represent one more step in New York City’s ongoing campaign to make it harder to profitably do business there. We saw the same thing with their Ban the Box initiative, which restricts employers from finding out if they might be about to hire former felons. These feel good measures are no doubt great for pulling in a few more liberal votes on election day but do little or nothing to address underlying challenges in employment and wages.

If you really want to address the gender gap in wages, attempting to use government regulatory power to force all businesses to behave like identical, socialist style clones in a non-competitive environment isn’t the answer. Far better to promote educational initiatives for young women which encourage them to pursue academic majors which are geared toward launching careers in the best paying fields and include early training on aggressive negotiating tactics which will allow them to squeeze every dime they are worth out of a prospective employer. Sadly, that doesn’t fit in very well with a liberal mindset so we’re unlikely to see those sorts of efforts taking root in New York City any time soon.


TOPICS: Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: interview; jobs; nyc; salary

1 posted on 05/05/2017 8:28:19 AM PDT by SeekAndFind
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To: SeekAndFind

I wouldn’t deal with anybody who asked about my salary history.


2 posted on 05/05/2017 8:31:27 AM PDT by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: stylin19a

Previous employer we never asked nor cared about your salary history. We would state early in the interview cycle that the job was a Grade X and likely pay was Y. If that was OK with you, we proceeded with the process. During the interview rounds, a HR person would explain benefit package of insurance, 401K, vacation, etc.

Then we made an offer and you took it or not. Not a lot of back and forth. We had a salary range for Grade X and we would depending on your experience compared to others in that same Grade, we would go up or down a few bucks so our compensation was fair and consistent.

This is pandering to the Equal Pay crowd


3 posted on 05/05/2017 8:42:52 AM PDT by Jimmy The Snake
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To: SeekAndFind

I’ve heard that question - I don’t answer. My salary is proprietary information between my company and me.

I’ve said, “Let’s focus on what I can bring to the table now and how I can advance your company’s goals.” That has been sufficient to move the conversation on.

I had one HR rep tell me that I had to give her an answer or “the computer” would not let her move on to the next question screen. I thanked her for her time and wished her luck in finding another candidate who would be a good fit.


4 posted on 05/05/2017 8:43:57 AM PDT by mrs. a (It's a short life but a merry one...)
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To: SeekAndFind

makes it unlawful for those involved in the hiring process to inquire about what an applicant currently makes
= = =

How about not revealing the salary for the interviewed job?


5 posted on 05/05/2017 8:44:58 AM PDT by Scrambler Bob (Brought to you from Turtle Island, otherwise known as 'So-Called North America')
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To: SeekAndFind

If anything, this law will DEPRESS wages, not raise them.

Now, and employer will start the job applicant at the lowest wage that he/she will accept and that will lower wages across the board, at least in NYC.

Like every liberal idea, they have the opposite effect of what they intended.................


6 posted on 05/05/2017 8:46:24 AM PDT by Red Badger (Profanity is the sound of an ignorant mind trying to express itself.............)
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To: SeekAndFind

Take a false Premise, add some Propaganda and a dose of fake Outrage, mix them together and you have the foundation of what a Liberal Utopia will eventually look like.

Rod Serling had this kind of stuff figured out in the 1960’s.


7 posted on 05/05/2017 8:51:57 AM PDT by Kickass Conservative (The way Liberals carry on about Deportation, you would think "Mexico" was Spanish for "Auschwitz".)
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To: Jimmy The Snake

In all of my years working in managerial roles I never once asked anyone about their salary history. I’m not hiring someone to do their last job. I’m hiring them to do their next one.


8 posted on 05/05/2017 8:52:37 AM PDT by Alberta's Child
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To: Jimmy The Snake

yours is the way it should be and that’s the way I found it to be with most prospective employers.

I ran into mostly head hunters wanting to know my salary history.


9 posted on 05/05/2017 9:00:11 AM PDT by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: SeekAndFind

Should be a national law.


10 posted on 05/05/2017 9:02:39 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Red Badger
Now, and employer will start the job applicant at the lowest wage that he/she will accept and that will lower wages across the board, at least in NYC.

No it won't. That is silly.

11 posted on 05/05/2017 9:04:39 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: SeekAndFind

Closer and closer to total government control over employment, a fundamental aspect of communism.


12 posted on 05/05/2017 9:11:36 AM PDT by I want the USA back (Liberalism is the denial of human nature.)
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To: central_va

Say I have 3 prospective employees, to offer ONE of them a job, then it becomes an auction among which person will work for what I’m offering, which will be the lowest salary I can pay................


13 posted on 05/05/2017 9:18:17 AM PDT by Red Badger (Profanity is the sound of an ignorant mind trying to express itself.............)
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To: SeekAndFind

We’ll never again have cradle to grave jobs. For most people now 3 to 5 years is considered a long termer. Most companies want you gone within those years.


14 posted on 05/05/2017 9:21:25 AM PDT by Dallas59 (Only a fool stumbles on things behind him.)
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To: Red Badger
Which will be the lowest salary I can pay....

Why is that a problem? It's called a negotiating. I would come back with a counter offer. We would meet in the middle.

15 posted on 05/05/2017 9:23:25 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: SeekAndFind
From the applicant’s perspective, if they have really excelled in their field, one of the best ways to demonstrate that is by showing how highly valued they are at their current job. Keeping that information in the dark limits their ability to land the best positions.

The law doesn't prohibit excelling applicants from volunteering previous salary information.

If the applicant is earning noticeably below the industry average, that may be an indicator that their current boss doesn’t have the same glowing evaluation of their performance as is portrayed on the applicant’s resume.

A weak argument, as earning noticeably below the industry average may be an indicator of a great many things unrelated to performance (e.g., negotiating skills, willingness to leave an underpaying employer).

Once the employer has identified an applicant they would like to hire, there’s no point in forcing them to take more money than they are willing to accept.

"Forcing" them?! SMH.

16 posted on 05/05/2017 9:33:32 AM PDT by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: central_va

Here’s what happened to me once, years ago.

I applied for a job that I was well qualified for.

I interviewed and was offered that job.

The employer asked what I was currently making and I told him.

He said, “I’m sorry, that is waaaay more than I am offering, in fact it’s almost double.”

He wanted years of experience and proficiency right out the box, but was unwilling to pay for it.

The company eventually went out of business a few years later.

I eventually learned that he hired a younger person at that salary or lower, so he got what he paid for. ................


17 posted on 05/05/2017 9:35:17 AM PDT by Red Badger (Profanity is the sound of an ignorant mind trying to express itself.............)
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To: SeekAndFind; stylin19a; Jimmy The Snake; mrs. a; Scrambler Bob; Kickass Conservative; ...
I my prospective employer asked my how much I earned in my previous position, I'd counter with "How much did the guy I'm replacing earn?"

Regards,

18 posted on 05/05/2017 9:58:55 AM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: I want the USA back

Closer and closer to total government control over employment, a fundamental aspect of communism.

Yep. A potential employer can ask your previous salary all they want, and you can refuse to tell all you want. Free market. The government has no business getting involved. Someone posted above it should be a federal law. I don’t understand why some are even on this site.


19 posted on 05/05/2017 11:21:54 AM PDT by suthener
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To: SeekAndFind

I don’t really care if a prospective employer asks. I can either refuse or tell them. It has no bearing on how much $ I require to work for the new employer.


20 posted on 05/05/2017 1:35:41 PM PDT by posterchild (Treade a worme on the tayle, and it must turne agayne.)
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