I’ve been asked illegal questions, like “what is your current salary” in job applications before. I like to respond by calling it out and leaving a link to a source. I’ve never gotten a response from those applications though…
According to the link I posted in a different reply in this thread, at least since 2018. But also just because something is illegal doesn’t mean companies won’t do it.
This depends entirely on where you are. This article is from last year, so it could have changed since then, but there is no federal prohibition on requesting your current pay in an interview, @AwkwardLookMonkeyPuppet@lemmy.world
Probably for the same reason its perfectly legal for a state with republican controlled state senate to hold a post-election lame duck session where they shove through a bunch of legislation limiting the powers of the state governor because their guy happened to lose the election
I’ve been asked illegal questions, like “what is your current salary” in job applications before. I like to respond by calling it out and leaving a link to a source.
May a prospective employer ask me what I am currently paid or was paid in the past?
Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits. Furthermore, the law prohibits an employer from relying on an applicant’s salary history information as a factor in determining whether to offer employment at all or in determining what salary to offer.
It’s the perfect crime. Most people don’t realize it’s illegal and those that do either don’t have the resources to fight it or don’t want the exposure.
Right to Work State, baby! We can do whatever we want good luck getting the Federalist Society Judge who fields your case to agree anything untoward happened.
My job application will demand a pair of your used underwear for me to evaluate with my nostrils and you will do it or you will not get the job.
“Since our corporation maintains an office in Texas, we’ve had your case moved to a Texas court district with exactly one judge who just so happened to be appointed by trump to rule for corporations, enjoy running it up to the SCOTUS judges I take on cruises with me”
Nobody’s going to take that case unless you have enough money to fund this as a vanity project. The conservative stacked courts will dismiss it out of hand and you’ll be fighting your way uphill through a sea of increasingly hostile appellates.
You’d have better luck posting this shit to social media and trying to name/shame the business at hand. But even that is likely a dead-end, given how inundated with corporate flaks and civility police the modern social media ecosystem has become.
I couldn’t find any legal cases about “uploading an image or video of yourself”. But Google is awful so getting any sort of results is a massive pain. That doesn’t mean a case exists but employers do discriminate based on applicant names. Uploading an image would allow employers to filter out people they don’t want to hire based on income, disability, race, etc. That’s what’s illegal. Unfortunately, American laws related to technology are nonexistent.
Assuming this in America, I love how illegal this request is.
I’ve been asked illegal questions, like “what is your current salary” in job applications before. I like to respond by calling it out and leaving a link to a source. I’ve never gotten a response from those applications though…
They probably use that to filter out people who know their rights.
Sounds like an employer that needs investigated by several departments.
That’s illegal? The income question was on every single application I filled out when I was younger. When did it become illegal?
It is in CA, which is where both I and the company I was applying for were based at the time
Hmm, I lived in California for a long time and companies definitely asked on a regular basis. Do you know when it was made illegal?
According to the link I posted in a different reply in this thread, at least since 2018. But also just because something is illegal doesn’t mean companies won’t do it.
Ah okay, this was long before 2018.
“How much money are you looking for in this role” is very common. “How much are you making right now” is not allowed.
This depends entirely on where you are. This article is from last year, so it could have changed since then, but there is no federal prohibition on requesting your current pay in an interview, @AwkwardLookMonkeyPuppet@lemmy.world
Didn’t expect my state on here. It’s a routine question in interviews
Love the swing states with preemptive laws on the books to prevent progress
How is it even legal to pass a law saying you can’t regulate this thing? That seems highly contestable.
Probably for the same reason its perfectly legal for a state with republican controlled state senate to hold a post-election lame duck session where they shove through a bunch of legislation limiting the powers of the state governor because their guy happened to lose the election
It would sure be neat if the Democrats were as motivated to pass legislation as the Republicans can be.
California definitely used to have a shit load of companies asking for salary history. Idk if the law has changed, or if it’s just not enforced.
Ok, where is said source?
Section #25
(Given both I and the company I was applying for were CA based at the time)
For the lazy:
That’s a good new-ish law for California! I doubt people in most other states are similarly protected.
It’s the perfect crime. Most people don’t realize it’s illegal and those that do either don’t have the resources to fight it or don’t want the exposure.
"Great job on figuring out the illegal part. You got the job of legal representative. "
Right to Work State, baby! We can do whatever we want good luck getting the Federalist Society Judge who fields your case to agree anything untoward happened.
My job application will demand a pair of your used underwear for me to evaluate with my nostrils and you will do it or you will not get the job.
You’re thinking of employment at will. Right to work laws prevent making payment of union dues a requirement for employment.
I mean uploading an image of yourself and not getting a job is pretty solid evidence of discrimination that no corporation wants the media to hear.
“Since our corporation maintains an office in Texas, we’ve had your case moved to a Texas court district with exactly one judge who just so happened to be appointed by trump to rule for corporations, enjoy running it up to the SCOTUS judges I take on cruises with me”
Time to pick a random minority one can pass as, record the most stereotypical video ever, and then get an employment attorney on speed dial
Nobody’s going to take that case unless you have enough money to fund this as a vanity project. The conservative stacked courts will dismiss it out of hand and you’ll be fighting your way uphill through a sea of increasingly hostile appellates.
You’d have better luck posting this shit to social media and trying to name/shame the business at hand. But even that is likely a dead-end, given how inundated with corporate flaks and civility police the modern social media ecosystem has become.
How is it illegal?
I couldn’t find any legal cases about “uploading an image or video of yourself”. But Google is awful so getting any sort of results is a massive pain. That doesn’t mean a case exists but employers do discriminate based on applicant names. Uploading an image would allow employers to filter out people they don’t want to hire based on income, disability, race, etc. That’s what’s illegal. Unfortunately, American laws related to technology are nonexistent.
https://www.eeoc.gov/prohibited-employment-policiespractices