Q: I read that a number of states and cities across the country are banning employers from asking job candidates about their salary history and how much they made in their last job.

I agree that this question can create bias and gender wage disparities and is best not asked. Do you know if the State of Florida is working towards similar legislation? Thoughts on this issue?

A: Starting last year, several cities and states passed legislation barring salary history questions during the application process. The laws are aimed at narrowing the gender wage gap by preventing current or previous pay inequality from following a person from job to job.

The rationale is that some companies determine a candidate’s job offer based mostly on their salary history (this is terrible HR practice even when legal), which can indeed perpetuate a cycle of wage inequality. Preventing those companies from knowing salary history will force them to set job offers based on market value and the applicant’s qualifications.

Although I hate to see one… more… law…, I think this is helpful. Not only because it addresses the gender wage gap issue, but because it’s what’s fair for both genders.

Take a highly educated scientist who’s only worked overseas where salaries may not be comparable, or those moving from the non-profit sector into the private sector. Or those who took a less demanding job to take care of a parent and are now ready to resume their career.

These people (all genders) should be offered compensation based on their qualifications and experience and the value of the job they are offered, not on their salary history. It’s a pity that we need a law for this, since it’s only right.

What’s the likelihood that Florida will follow the trend?

Unlikely for now. The cities (NYC, Philly) and states (CA, OR, MA ) where the bans are taking effect are “blue” demographically. Similar to issues like medical marijuana and gay marriage, these progressive laws usually take root in liberal areas and eventually make their way to the main stream.

Because Florida is demographically “red”, my guess is that the trend is not coming our way any time soon.

Link to track states/cities with bans. bit.ly/2GgcwoI

Related articles “What are your salary requirements?”

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Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com