The county must not retaliate or refuse to hire an applicant for the applicant's refusal to disclose their salary history. The ADA only prohibits discrimination on the basis of disability. An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions. You may obtain this booklet in alternate formats, upon request by dialing 800-669-3362 or 800-800-3302. That should be expected.". Here are some examples: Here are some common scenarios in which employers might breach their duty of confidentiality to their employees. It could be something other than just a matter of pay rate. For example, you could ask for compensation for the loss of privacy. And workers can ask their employer for the salary range of their current role. It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA. This one is a little tricky. A direct threat means a significant risk of substantial harm. A running list of states and localities that have outlawed pay history Pay people fairly in the first place: Review your own records and make sure your salaries are competitive in the marketplace. When the law is set to go into effect in April, the city will join the growing ranks of states and cities passing salary transparency laws nationwide. How can youget the scoop on employment laws that apply to your business? In some states, the information on this website may be considered a lawyer referral service. These restrictions are typically found in the collective bargaining agreement. Or, if you have access to other employees salaries as part of your job, you may not get protected. The Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Health Insurance Portability and Accountability Act (HIPAA) all have very strict rules about how employers must keep certain types of medical information.
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