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Comment by BeefySwain

3 years ago

It appears to be even more restrictive then that: https://leginfo.legislature.ca.gov/faces/codes_displaySectio...

> An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.

That being said, how do you enforce a provision like that in the face of every company having all information on every candidate, seeing that mind reading hasn't been invented yet.

Won’t eqifax tell you if someone requests the data therefore you can tell if the law is violated

  • I believe the point Beefy is making is that once they have your information, how can you prove that it was used in determining whether someone gets hired or how much their salary will be.

    • If it’s possible to sue for discrimination based on gender identity and orientation, why would it be impossible to sue for discrimination based on salary, if you have a record of prospective employer checking your salary records?

      1 reply →

Oh, interesting, thanks! And now I wonder if this includes compensation besides salary.

  • If you get RSUs - it does. It shows up in my payroll quite clearly as an obvious bump when I vest. You can even tell when I'm deferring for 401k.

    It's absolutely fucked. I'm guessing this is an integration with ADP - who my current employer uses.

    • Sorry, to clarify, I meant in terms of whether any aspect of compensation can be legally used to influence how much non-salary compensation a company offers to a candidate.