Hawaii Salary History Ban Aims to Promote Pay Equality

New legislation in the movement for pay equality goes into effect on January 1, 2019. This leaves Hawaii employers just a few months to revise their hiring processes or risk breaking the law.
The Equal Pay Act (SB 2351) is intended to help close the wage gap between women and men by banning employers from asking about an applicant’s salary history. Hiring managers often consider an individual’s past pay when making a job offer. A lower wage at a previous job can affect salary at later ones, leading to a lifetime of lower earnings.
The law forces a paradigm shift for employers.
“Salary history is a common question to ask during the hiring process,” says Director of HR Michele Kauinui. “An applicant’s current/prior compensation and benefits will now be considered a prohibited pre-employment inquiry in Hawaii, similar to asking about an applicant’s criminal record prior to a conditional job offer.”
Even if wage or salary information is discovered during routine employment verifications, employers may not use that information when negotiating or determining salary or benefits. Employers may still engage in discussions about an applicant’s salary expectations or preferred pay—without asking about salary history.
In the meantime, the HR experts at simplicityHR by ALTRES recommend that employers carefully review and update their applications, both print and online, and train hiring managers on the new law.
This article is for general informational purposes only and does not constitute legal advice.
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