Court Ruling Casts Constitutional Doubt on State and City Salary-Inquiry Bans

FirstAmendmentBy Marc Dib, a 2018 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering his third year at Texas Tech University School of Law in the fall.

What did you make at your last job? If you have ever had a job interview, then you’ve likely encountered that question. Employers use this common interview question to gauge an applicant’s quality and to determine a fair salary.  A growing number of state and local governments, however, have forbidden employers from asking prospective employees about their past earnings in the name of wage equality.

The basic premise of their argument is that allowing employers to determine job offers based on prior salaries that are historically lower for women and minorities will perpetuate the wage inequity problem. Based on this unsupported assertion, state and local governments have begun passing legislation that bars employer inquiries about past wages. These laws, however, are constitutionally suspect. Continue reading “Court Ruling Casts Constitutional Doubt on State and City Salary-Inquiry Bans”