Illinois employers may soon be prohibited from inquiring about the salary history of prospective job candidates during interviews. Two significant changes in the law drive this notion.
First, the Illinois House of Representatives has overridden the Governor’s veto of legislation that would prohibit inquiries into job candidates’ salary histories, among other things. The bill is HB1462, and it would amend the Illinois Equal Pay Act. Since the House’s action, the bill is now on its way to the Illinois Senate, which is likely to make a similar determination.
In addition, a wave of jurisdictions have recently banned salary history inquiries to job applicants. Currently, Massachusetts, Oregon, and Delaware, as well as municipalities such as New York City, Philadelphia, Pittsburgh, and U.S. Territory Puerto Rico have enacted legislation banning such inquiries. Indeed, California’s Governor recently signed Assembly Bill 168 that bans such inquiries. This law takes effect on January 1, 2018, and will add another state to the list of jurisdictions incorporating the prohibition into law.
With California’s recent action and the Illinois General Assembly imminent adoption of similar legislation, it is possible a national trend has started to ban salary history inquiries from interviews. If you are unsure whether the law applies to you, or when it will apply, consult with the attorneys at Rock Fusco & Connelly. We are experienced in labor and employment law and will follow the legislation as HB1462 moves forward.