Pay Equity: An Overview for Executive Search Pay Equity | Page 10
Frequently Asked Questions
Q. Where will this be applied?
It will apply if the employing company is in a state or city that has the legislation. It is also
likely to apply if the candidate is in one of those states or cities.
Q. When does it start?
Some locations have enacted it already, other have enacted but don’t start the penalties. Most
will implement by July 2018 and others states are likely to follow.
Q. Can I rely on publicly available salary data?
The prohibition on “seeking” salary history is deemed to include looking for it in the public
domain, so no.
Q. Can I ask what salary a candidate is looking for?
Yes, this is acceptable but can’t be used to determine the salary offer or make a decision on
employment.
Q. Can I ask a candidate to disclose their salary on a voluntary basis?
No, this would be considered the same as asking the candidate to disclose their salary.
Q. Can a search firm ask a candidate for salary history on behalf of an employer?
No, this is specifically forbidden, although if a search firm has been notified that they should
not inquire and they do, the employer (client) is not liable (although fines may be applied to
the search firm in that case).
Q. What happens if a candidate discloses their salary?
If a candidate voluntarily discloses their salary then it’s acceptable to record it (and the
circumstances) and, with the candidate’s permission, you can validate it and you may use it to
determine compensation (local legislation may vary here).
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