Consortium Call Of The Month

Category: Client Update
Date: Mar 7, 2018 02:43 PM

Members of Liebert Cassidy Whitmore’s employment relations consortiums are able to speak directly to an LCW attorney free of charge regarding questions that are not related to ongoing legal matters that LCW is handling for the agency, or that do not require in-depth research, document review, or written opinions.  Consortium call questions run the full gamut of topics, from leaves of absence to employment applications, disciplinary concerns to disability accommodations, labor relations issues and more.  This feature describes an interesting consortium call and how the question was answered.  We will protect the confidentiality of client communications with LCW attorneys by changing or omitting to identify details.

ISSUE:

An HR Director called seeking guidance regarding interviews of applicants for a vacant clerk position.  The Director wished to know whether the Agency could ask for the applicant’s prior salary and consider this information in the hiring process.

RESPONSE: 

The LCW attorney informed the Director that state law generally prohibits employers from inquiring into an applicant’s prior salary history through a job application; an interview; an online search; or from references. There are two exceptions to this state law.  First, the Director may seek and use salary history that is disclosable under the Public Records Act, which allows the Director to ask about the applicant’s salary with a prior public employer.  Second, if the applicant voluntarily gives the information, the Director can use that information only to decide what salary of an offer, and cannot use that information to decide whether to hire the candidate. 

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