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OK, So How Much Do You Currently Make?

June 1, 2022

Laura L. Rubenstein

That question is a no-no for Maryland employers who are interviewing and recruiting new workers.

Maryland, along with numerous states and localities, has passed laws prohibiting employers from requesting an applicant’s salary history during the hiring process. These measures are intended to eliminate pay disparities based on gender, race, national origin, disability, etc. While the laws vary, basically employers are prohibited from inquiring, whether directly or indirectly, about an applicant’s current or prior earnings or benefits.

Some of the laws do allow employers to inquire into an applicants’ expectations or requirements for salary, check on past salary after an offer has been made, or permit voluntary disclosures and verifications by prospective employers.

Employers should review their application forms and other new hire paperwork, train individuals involved in the hiring process to avoid these questions, develop a list of approved questions to be used during salary negotiations, and ensure outside recruiters not seek or share applicants’ current or prior earnings or benefits with the employer.

For help with your recruiting and interviewing process, reach out to Laura L. Rubenstein at LRubenstein@RKWlawgroup.com.

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