Recruiters and interviewers have asked job candidates about their pay history as long as there have been interviews. This has been a standard interview question for various reasons, but is now illegal in Illinois. A brand new law has been passed and signed by Governor Pritzker, and will ban asking a job interviewee about pay history. The No Salary History law is designed to strengthen the Illinois Equal Pay Act, and companies could be in some trouble if the question is asked.
Why has this law been passed?
The new law is specifically geared toward eliminating the wage gap along gender and racial lines. It levels the playing field for all. Companies will pay their new employees based on skills, experience, and ability to successfully complete the responsibilities of the job. They will not be able to pay someone based on what that person was paid in the past. Many companies have already removed salary history questions from their interview process as they have been forward thinking. Others will now legally be mandated to do the same.
How will this impact interviewers and interviewees?
This law will impact recruiters in a positive way. Not knowing what somebody was paid in the past will give a recruiter an unbiased viewpoint of the candidate. Past pay will not put somebody in or out of a position, and will give candidates more opportunities in the job market. The question about what a candidate wants to get paid is still allowed, however, that question brings negative issues as well, and will be discussed in a future article.
Time to prepare:
The important point to remember is that recruiters, or anyone conducting a job interview cannot ask an applicant about their salary history. In addition, the question cannot be put on a job application. This law will take effect very soon, and it is important that interviewers are prepared to adapt to this change. Asking certain questions may have become habitual after so much repetition, but that habit will now have to be changed. Be prepared, and don’t put yourself or company in jeopardy of legal recourse by asking illegal questions.