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San Francisco set to ban employers from asking about salary history

The city is expected to join a growing number of jurisdictions that will prohibit employers from asking applicants how much money they made in their previous positions.

According to the law firm Proskauer Rose LLP, the law will prohibit employers from the following practices:

“(i) considering or relying on an applicant’s salary history as a factor in determining whether to make an offer of employment or what salary to offer; (ii) inquiring about an applicant’s salary history; (iii) refusing to hire or otherwise retaliating against an applicant based on failure to provide salary history; and (iv) releasing the salary history of a current or former employee to that person’s employer or prospective employer without written authorization from the current or former employee.”

The law is set to go into effect on July 1, 2018. However, employers will have a one year grace period to comply with the law. During this grace period, the city will only issue warnings for any violations. After the one grace period expires, violations will result in a fine beginning at $100. For any egregious violations, the City Attorney’s Office will have the ability to sue the employers.

The full text of the law can be found here.

Source: Proskauer Rose LLP, 7/6/2017

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