Here’s what you need to know about the salary history ban

The ban is an effort to fight wage discrimination, specifically the gender wage gap. Currently, candidate salary history questioning is banned in CA, DE, MA, OR, and Puerto Rico as well as New Orleans, New York City, Philadelphia, and Pittsburgh.

While the ban has good intentions, the main concerns for recruiters are the unintended consequences that come along with it. For one, recruiters won’t be having as many candid conversations with candidates for fear of being penalized. As a result, candidates that don’t fully understand the market could end up pricing themselves out of a job offer.

The ban makes it especially difficult when it comes to recruiting for roles in contract or contingent staffing, where recruiters are constantly discussing compensation with candidates due to the structure of certain roles.

It’s time to adopt a new strategy

Remember: you can still discuss compensation with candidates as long as they volunteer the information. Otherwise, instead of asking, “Where is your compensation now?” reframe your question as, “Where do you want your compensation to be?” This way you can still provide guidance to your candidate about whether or not their salary expectations are realistic for the role.