Chapter 1

Finding New People

  • Meet the ADP Expert

    Jason Prussman
    Senior Counsel, ADP Screening & Selection Services and I-9 Compliance Services

    How should I discuss salary in the interview process?

    "Talking about existing salary is becoming much more legally perilous than before.”
    Traditionally, asking a candidate about his or her current salary has been an efficient way to make sure you’ve all got the same expectations, compensation-wise. That’s changing though, as talking about existing salary is becoming much more legally perilous than before.

    Four states and several other jurisdictions (including New York City), have recently passed laws restricting how (and even if) employers can ask about a candidate’s salary history.

    While it’s still lawful to ask in the vast majority of the United States, that could be changing fast. Employers that recruit nationwide will find that one-size-fits-all salary inquiry practice will become more problematic as more laws are passed.

    There are still safe, effective ways to check that you and your candidates are in the same ballpark. It is perfectly acceptable, for instance, to ask a candidate about his or her salary expectations.

    Still, employers should consult with their legal counsel to determine their best approach to deal with the ever-expanding map of “salary history bans”, to make sure they stay compliant.

    How about criminal history and ‘Ban the Box’ laws?

    “An increasing number of states and local jurisdictions have passed so-called “Ban the Box” or “Fair Chance” laws which limit when and sometimes how employers can screen a candidate.”

    Prudent employers want to make sure the candidates they hire won’t negatively impact their business or existing employees. That means criminal history checks have become an almost universally accepted hiring practice.

    There are few, if any, laws restrict whether employers can screen a candidate’s criminal history. But an increasing number of states and local jurisdictions have passed so-called “Ban the Box” or “Fair Chance” laws which limit when and sometimes how employers can screen a candidate.

    Generally speaking, Ban the Box laws mean employers have to wait until a candidate has been interviewed and/or made a conditional offer before inquiring into his or her criminal history. 

    Additionally, Fair Chance laws have incorporated existing guidance by the Equal Employment Opportunity Commission that makes sure employers assess the relevance of a candidate’s criminal history before disqualification.

    These laws, which are becoming more common, will continue to affect the many facets of hiring and employment. In fact, according to the National Employment Law Project (NELP), nearly two-thirds of the United States population already lives in a jurisdiction with some form of Ban the Box law.

    Employers should consult with counsel to review their recruiting practices and policies and make sure they remain compliant. 

    Example of Excellence

    Imagine trying to stay compliant while conducting 100,000 interviews, and 4,000 background checks annually. That’s just what one global investment firm had to do.

    See how they managed it.