Nov
13
2018

 

Many questions are prohibited under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). Additionally, many state and municipalities have prohibited previous employment salary inquiries.

Previous Salary Inquiries

Below is a list of states and municipalities that have prohibited previous salary inquiries.

·         California: Relying on an applicant's salary history as a factor in determining whether to make an employment offer or what salary to offer.

o    Seeking salary history information about an applicant personally or through an agent.

·         Connecticut: Effective January 1st, 2019, inquiring or directing a third party to inquire about an applicant's wage and salary history.

·         Delaware: Screening job applicants based on salary history.

o    Seeking salary history information from an applicant or a current or former employer.

·         Hawaii: Effective January 1st, 2019, Inquiring about the salary history of an applicant.

o    Relying on the salary history of an applicant during the hiring process, including the negotiation of an employment contract

·         Massachusetts: Seeking an applicant's salary history from the applicant or a current or former employer.

·         New York Municipalities

o    Albany County: Screening job applicants based on their wages, including benefits or other compensation, or salary history.

§  Requesting or requiring an applicant, as a condition of being interviewed or continuing to be considered for an employment offer, to disclose his or her prior wages or salary history.

§  Seeking an applicant's salary history from a current or former employer.

o    New York City: Inquiring about an applicant's salary history.

o    Westchester County: Requesting or requiring an applicant to disclose the wages he or she was paid by a current or former employer as a condition of employment or a condition of being interviewed or continuing to be considered for an employment offer.

§  Seeking an applicant's salary history from a current or former employer.

·         Oregon: Asking job applicants or employees about their salary history or seeking it from a current or former employer.

·         Pennsylvania Municipality

o    Philadelphia*: Inquiring about or requiring an applicant to disclose his or her wage history.

·         Vermont: Inquiring about or seeking information regarding an applicant's current or past compensation from either the applicant or a former employer.

Keep in mind, this trend has been steadily increasing and is expected to grow in the coming years.

 

* Temporarily blocked by court order

 

Framing Your Questions

Many times, you may have questions that encroach on the lines of what is permitted. Below are some examples of how you can frame some questionable interview inquiries. 

Nationality

1.       Whatyou can'task: Are you aU.S. citizen, what isyour birthplaceorNational Origin?

a.        What to ask instead: Are you authorized to work in theU.S.?

2.       Whatyou can'task: Which religious holidays doyou observe?

a.        What to ask instead: Are you ableto work with our required schedule?

Marital and family status

1.       Whatyou can'task: Can yougetababysitteron short noticeforovertimeor travel?

a.        What to ask instead: You'llberequired to travel orwork overtime on shortnotice. Is this aproblem foryou?

Health and Physical Disabilities

1.       Whatyou can'task: Doyou have anydisabilities,handicaps, or mental conditions?  What is the natureor severityofyourdisability?

a.        What to ask instead: Are you ableto perform thespecificduties of this position?

2.       Whatyou can'task: Haveyou hadanyrecent or past illnesses oroperations?

a.        Whatto ask instead: Are you ableto perform theessential functions of this job with or without reasonable accommodations?

Miscellaneous

1.       Whatyou can'task: Howfar isyour commute?

a.        What to ask instead: Are you ableto start work at8 a.m.?

2.       Whatyou can'task: Haveyou ever been arrested?

a.        What to ask instead: Haveyouever beenconvicted of "x"(fraud, theft andso on)?

Some Final Thoughts

·         If a candidate reveals questionable information, do not pursue the topic further!

·         Only ask questions that are specifically related to the job and its daily functions.

·         It is recommended that you familiarize yourself with the ADA and FEHA.

These topics are high risk, as they fall under very strict guidelines according to the ADA and FEHA. It is important that you contact an HR Specialist or labor law attorney to ensure full compliance.

If you feel your practice may be at risk, or you may need some assistance with maintaining compliance, contact HR for Health by CLICKING HERE, calling 877.779.4747 x option 1, or email compliance@hrforhealth.com today!

 

Add comment

  Country flag

biuquote
  • Comment
  • Preview
Loading

About this Blog

Red is your guide to everything AAHA. Whether you’re looking for association news, updates on our educational offerings, the latest books from AAHA Press, deals from our Preferred Providers, or fun reads from various AAHA staff and AAHA-member veterinary professionals, this is where you’ll find it.

Questions or comments?
Email us at aaha@aaha.org or call AAHA’s Member Experience Team at 800-883-6301.

AAHA-Accredited Veterinary Hospital Locator

Read the latest edition of:

Poll Question
Veterinary professionals: Are you allowed to bring your pet(s) to work with you?

The Standard of Veterinary Excellence ®
American Animal Hospital Association | Copyright ©2018 | Privacy Statement | Contact Us
The Standard of Veterinary Excellence ®
American Animal Hospital Association | Copyright © 2014
Privacy Statement | Contact Us