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NYC Poised to Ban Firms From Asking Job Candidates About Pay (bloomberg.com)

In a vote this week, the New York City approved legislation that will ban employers from asking job applicants about what they make in their current or past job and could have far-reaching consequences beyond the city as employers try to standardize their practices. From a report: "This bill will go a long way in addressing wage disparities women -- and particularly women of color -- face," said Public Advocate Letitia James, who sponsored the measure. White women in New York earn on average 84 percent of what white men earn, while Asian women earn 63 percent, black women earn 55 percent and Hispanic women just 46 percent, according to a report from the advocate's office, based on U.S. Census data. Asking about pay in a job interview hurts women who may start from a lower level than male candidates -- an effect that compounds over time. "It perpetuates discrimination," James said. "And it has an effect on their pensions as well."

142 comments

  1. The wage gap myth continues... by Anonymous Coward · · Score: 2, Informative

    While I do agree that questioning pay should be banned, I really wish they would stop with the "Women get paid less than men" myth. Continuing to use it is fake news.

    1. Re:The wage gap myth continues... by Anonymous Coward · · Score: 2, Insightful

      The wage gap myth is, for some reason, easy to perpetuate no matter how many times you throw facts back at it. It's a politician's, feminist's, and SJW's crutch to lean on.

    2. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0, Troll

      Exactly I mean does anyone really believe that Hispanic women in the same job would earn 46 cents on the dollar! That doesn't even make sense, typical left.

    3. Re:The wage gap myth continues... by Anonymous Coward · · Score: 0, Informative

      It is a myth. They don't compare apples to apples. They compare an entire demographic to another entire demographic without taking into consideration the different jobs and career choices. Its like saying a female janitor makes less than a Fortune 10 CEO. Well, no shit.

      https://www.wsj.com/articles/the-wage-gap-myth-that-wont-die-1443654408

    4. Re: The wage gap myth continues... by Topwiz · · Score: 2, Insightful

      Because they aren't breaking it down by job. Hispanic women are paid half of white men because of the types of jobs they are working. I have read that when broken down by job/experience levels that the difference is around 3% and that in certain jobs women actually make more. The largest gaps are in Hollywood and Silicon Valley, two of the most liberal job markets in the country.

    5. Re: The wage gap myth continues... by Luthair · · Score: 4, Informative
    6. Re:The wage gap myth continues... by Archangel+Michael · · Score: 1

      By the way they measure Pay gap, we need to start locking up a lot more women!!! After all they are only about 3% of the prison population. Obvious Sexism!

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    7. Re: The wage gap myth continues... by skids · · Score: 1, Insightful

      Pretending to have a convesation with yourself does not help you prove your point.

      While the gender-based unexaplained wage gap may be as low as 3%-7% in the U.S., the larger part, that which is explained by what positions people are working, is widely recognized an an indicator of hiring bias. Whether it's unequal pay for equal work or unequal opportunity for equal qualifications, it is still a problem that compounds on itself over a lifetime. The wage gap stat represents both factors.

    8. Re: The wage gap myth continues... by Frobnicator · · Score: 4, Interesting

      https://hired.com/gender-wage-...

      Thank you for posting that. The key elements from that report are clear to most:

      First, what is the pay disparity:

      Our data shows that 63% of the time women receive lower salary offers than men for the same job at the same company. This figure has improved slightly from 69% since our 2016 report. On average, women are paid 4% less than male applicants for the same role

      Then look up the negotiation of wages:

      When examining our candidates’ preferred salaries, we discovered that for 69% of the roles for which both a man and a woman were given an initial offer, women set their preferred salary less than men. Women asked for an average of 4% less than men.

      The pay disparity is almost entirely (but not quite entirely) due to men asking for more money, and women asking for less money.

      There are plenty of books on the subject like "Women Don't Ask" and "Nice Girls Don't Get The Corner Office", but the studies they cite show that men are about 8x more likely to ask for money during salary negotiations, and when they do, men ask for more money than women. Men ask for raises/bonuses/promotions anywhere from 4x to 8x more often than women.

      Most of the difference is men ASK for more, and generally women who also ask will get it. Once they decide to hire, the companies generally pay whatever the candidate asks.

      --
      //TODO: Think of witty sig statement
    9. Re: The wage gap myth continues... by ravenshrike · · Score: 1, Insightful

      Yep, there's an immense hiring bias in nursing, teaching, garbage collection, lobster fishing, and ice road trucking.

    10. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      https://www.wsj.com/articles/the-wage-gap-myth-that-wont-die-1443654408

    11. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      Whether it's unequal pay for equal work or unequal opportunity for equal qualifications, it is still a problem that compounds on itself over a lifetime. The wage gap stat represents both factors.

      If there is discrimination in hiring, fix that. If there is discrimination in getting an education for those that actually want to work in those fields, fix that too. But putting the focus on there being a "wage gap" means that we'll never be able to fix the "problem", because some people just don't give a damn about your particular industry.

    12. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      Honest question,
          I see plenty of working men with children & a non-working wife, (or she works some cheap night retail job). Is the pay gap really a chance to fill the loss of a non-working spouse?

    13. Re: The wage gap myth continues... by Salgak1 · · Score: 1

      Really. If that actually were true, the Fortune 500 would be staffed by as many Hispanic women as they could hire. . .

    14. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      There might be a wage gap of 10%, but there is a death rate gap of 80% in the workforce (that is, 90% of workplace deaths are men*).

      I see this gap getting very little play in the media.

      It seems that the wage gap might be made up with hazard pay.

      *http://articles.latimes.com/1995-08-04/business/fi-31566_1_workplace-deaths

    15. Re: The wage gap myth continues... by skids · · Score: 1

      About 16 percent of the stay-at-home parent population is male. Should salaries be based on whether your spouse earns or housemakes? Should employers assume women don't have a househusband? Is having a "non-working" spouse providing free day care, taxi service, coupon cutting, grocery delivery, personal shopping services, and secretarial and butler duties a liability?

    16. Re:The wage gap myth continues... by Anonymous Coward · · Score: 0

      Equality NOW!

    17. Re:The wage gap myth continues... by Anonymous Coward · · Score: 0

      I don't see what is so hard refuting it. When they act stupid, go down to their level and use language they understand, like: "Babbys first statistics attempt lol. Epic fail."

    18. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      Did you mean "men of white"?

    19. Re: The wage gap myth continues... by Anonymous Coward · · Score: 0

      Then there should obvious be a law that makes companies pay women more than they ask for. In fact, all jobs should be given a monetized value and that is what you will be paid. Sounds simple to me.

  2. Don't you just lie? by Anonymous Coward · · Score: 0

    Why wouldn't you just lie and bump it up a few grand? They aren't going to find out unless you show them your W2, and if an employer is asking for that then why would you work at such a company?

    1. Re:Don't you just lie? by AuMatar · · Score: 1

      But if everyone lies, doing so just keeps you at relative par- the problems with it still exist.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    2. Re:Don't you just lie? by religionofpeas · · Score: 1

      There's no reason why everybody would have to the lie by the same percentage.

    3. Re:Don't you just lie? by AuMatar · · Score: 1

      So you both lie by 5K- you might be better off percentage wise, but the gap is still the same. And you're assuming everyone realizes they need to do this.

      I don't know if this action is the right answer, but lying about your wage isn't sufficient (and could be used as grounds for an at fault firing later).

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:Don't you just lie? by war4peace · · Score: 1

      In my 3rd world country, asking for current pay is forbidden.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    5. Re:Don't you just lie? by petermgreen · · Score: 1

      Because if you lie and the lie ever gets found out it gives them an easy excuse to fire you.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    6. Re:Don't you just lie? by religionofpeas · · Score: 1

      Or, just say: I only made such-and-such amount where I worked before, but for this new job I want this-and-that. Not lying, and you can straighten out any gap in one go.

    7. Re:Don't you just lie? by religionofpeas · · Score: 1

      Just do a good job, and there's no incentive to fire you.

    8. Re:Don't you just lie? by dcavanaugh · · Score: 1

      Interesting point. HR due diligence usually involves a "background check", which is a euphemism for gathering data which is loosely related or sometimes unrelated to job requirements. Asking for a W-2 costs nothing so background checking services do it routinely.

      I had a situation where I was applying for a job while self-employed. For complicated reasons, supplying a W-2 was not an option. In the end, the employer and I both agreed that my current income had nothing to do with the price of tea in China, so they made their offer based on what they were willing to pay. The offer made sense, so I accepted it. Alternatively, if they really wanted to use my current income as the baseline for salary negotiation, there was always the possibility that I would demand a salary commensurate with my best year as a self-employed consultant, or at least the average, at which point the deal falls apart.

      I'm not a fan of lying about any part of the job application process. It can lead to all sorts of trouble and I have no reason to do it. So I tell the truth and let the process play out. Unfortunately, not everyone plays by these rules. I know of several people with various issues that would never pass a routine background check, and yet they end up working at some of the largest employers in America! If I use LinkedIn to look up people that I know, sometimes I find fake degrees, inflated job titles, fictional jobs at real companies, and fictional jobs at fictional companies. At first i thought it was hilarious, until I realized that honest job seekers are competing against these people. Even worse, I considered the "verifiability" of my own situation and found some problems. Long after my departure, several of my former employers have merged, downsized, sold, relocated, outsourced, or discontinued their operations. Any document that I produce could easily be drafted in Word or Photoshop -- nobody is in a position to prove or disprove anything. If I provide references, they could just as easily be friends with a script.

      Thanks to modern technology, it is now easier to "verify" a fake background than a real one!

    9. Re:Don't you just lie? by gnasher719 · · Score: 1

      Because if you lie and the lie ever gets found out it gives them an easy excuse to fire you.

      German law: If an employer asks a question that they are legally not allowed to ask, then an employee or prospective employee has the right to lie, and this can not in any way held against them. Most common example is asking a woman "are you pregnant". If she is pregnant, she can completely legally say "Yes" (no job), "You are not allowed to ask this question" (no job), or "No" (gets the job, takes maternity leave five months later).

      It doesn't actually make any sense to dictate "you can't ask this question" unless you also say "lying is no excuse for firing someone".

    10. Re:Don't you just lie? by Cinnamon+Beige · · Score: 1

      Actually, the interesting thing is that a decent amount of what's left of the gap once you've properly controlled for all factors can be explained by, well, the long-known problem that women just don't ask. But hey, let's keep on not talking about how girls being socialized to suck at aggression is a problem--not just in being aggressive, but in using it properly.

      If you want to get rid of the gap, you might well be better off having any question of what wage you're currently making, have made in the past, and want left off the table until it is time to settle pay--unless the employer wants to give what the minimum assured wage or the like is, leave it as something not talked about until the decision has been made to hire, and even then it might be best to require the employer make the opening move.

  3. Not going to change anything by religionofpeas · · Score: 3, Interesting

    Just because you don't know what someone made in their previous job doesn't mean that they'll be offered more.

    1. Re:Not going to change anything by sinij · · Score: 4, Informative

      Actually, this will mostly help people with gaps in employment. As a hiring manager it is fairly typical move to disqualify candidates that previously earned too much out of fear that they will leave shortly. Even if this is not the case and applicant is willing to take a pay cut to get any job.

    2. Re:Not going to change anything by Anonymous Coward · · Score: 0, Interesting

      If they're going to leave shortly perhaps then they're overqualified for the position or your not paying appropriately.

    3. Re:Not going to change anything by Anonymous Coward · · Score: 1

      Just mandate that the pay be stated upfront in the original job ad. No more trying to guess what an employer is willing to pay without going too high and ruling yourself out of the game or too low from ignorance of (secret) pay rates and ripping yourself off. Just a simple, open, honest statement of what the employer is willing to pay so you can decide upfront whether you want to apply or not.

    4. Re:Not going to change anything by skids · · Score: 2

      No, don't you understand? Wasting everybody's time is a moral imperative. How are we supposed to live with ourselves if we don't make people spend over an hour paging through tens of websites to buy a widget? And for a job applicant? You gotta make sure they wear out at least one keyboard before they get in the door.

    5. Re:Not going to change anything by markdavis · · Score: 1

      >If they're going to leave shortly perhaps then they're overqualified for the position or your not paying appropriately.

      And often the hiring manager has ZERO control or flexibility on what can be offered. People here rarely see the view of the employer or hiring manager. When there are hundreds of applications, previous pay *is* a good indicator of WASTING THE EMPLOYER'S TIME. If they are overqualified and/or were making too much for what you could pay, most of the time (not always) they will not stay. They will stay just long enough to find something else. Turnover is very expensive and disruptive to an employer, so is hiring and interviewing.... especially for smaller shops and most especially for positions that are complicated, and/or obscure, and/or and wear lots of hats (where the training is very long).

    6. Re:Not going to change anything by ShanghaiBill · · Score: 3, Interesting

      Just mandate that the pay be stated upfront in the original job ad.

      When I advertise for a "programmer", I usually don't have a specific salary in mind. If one applicant is more capable than another, then I will offer more. If I put a low salary range in the ad, the better candidates will not apply. If I put a high range, then I will be flooded with responses from lousy candidates that are not even remotely qualified for that salary.

    7. Re:Not going to change anything by AmiMoJo · · Score: 3, Insightful

      Revealing your previous salary never, ever helps you. The only things that the company can do with that information all screw you somehow.

      It's pretty normal to give this information in the UK. I've been refusing and it seems to be a useful test to filter out crap companies that aren't able to handle this situation.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re:Not going to change anything by Headw1nd · · Score: 1

      Well, yes. Thus the fear that they will leave. So the firm hires a different candidate they imagine will stay longer or work for less.

    9. Re:Not going to change anything by tlhIngan · · Score: 1

      When I advertise for a "programmer", I usually don't have a specific salary in mind. If one applicant is more capable than another, then I will offer more. If I put a low salary range in the ad, the better candidates will not apply. If I put a high range, then I will be flooded with responses from lousy candidates that are not even remotely qualified for that salary.

      The problem is the employer-employee relationship is asymmetrical. The employer has all the power.

      In your case, you should have a range of salary in mind for the position - either based on industry averages, or what you think someone with the skill set you need should be paid. To argue otherwise is disingenuous.

      If you advertise low, yes, the better candidates won't apply - they assume you want someone much more junior. If you advertise high, then yes you get more crap, but you can filter them out - if you need N years of experience and the candidate doesn't have it, then either you need wiggle room on the requirement (and thus lower than the range given) or you drop the candidate for not being able to read and meet the requirements.

      Or you can waste everyone's time and interview them then make offers.

      Right now, asking interviewees their current salary is like telling employees to keep their raises and current salaries private - it only benefits the employer when people are left guessing. (Many people comply because they worry they're overpaid. The reality so far is everywhere it's happened, the underpaid are the ones who benefit the most.

    10. Re:Not going to change anything by lgw · · Score: 1

      Revealing your previous salary never, ever helps you.

      It helps me a lot in weeding out recruiters for jobs not senior enough for me. In general, if you're making more than market, and want to stay that way, you need to talk about it. If you're making less than market, it will be used against you.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    11. Re:Not going to change anything by lgw · · Score: 1

      As a hiring manager it is fairly typical move to disqualify candidates that previously earned too much out of fear that they will leave shortly.

      Lie. There's just no downside for telling a prospective employer you make less than you actually do. No one is going to be pissed at that, even if it is somehow discovered.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    12. Re:Not going to change anything by ShanghaiBill · · Score: 1

      To argue otherwise is disingenuous.

      Nonsense. One programmer can be ten times as productive as the average programmer. Plenty of programmer are less than one-tenth as productive as the average. When I run an ad, I just don't know the range of candidates I am going to get. If I realize I am interviewing a superstar, then I will make a much higher offer, and I don't want to dissuade the best applicants from applying by (falsely) indicating a fixed salary. I am also often willing to take a chance on a bright self-taught kid, but I don't want to set unrealistic expectations that he (or she) is going to be pulling in the same starting salary as a CS grad.

      Posting a fixed wage may work when you are hiring someone to work the french fry machine at McDonalds, but it makes no sense for hiring technical and creative people.

    13. Re:Not going to change anything by religionofpeas · · Score: 1

      The problem is the employer-employee relationship is asymmetrical. The employer has all the power.

      Only if there's a large pool of other good candidates available. I've seen employers spend 4 months interviewing candidates until they finally get someone with proper skills. I've also been that candidate, and I got hired with a 100% pay raise compared to previous job.

    14. Re: Not going to change anything by loufoque · · Score: 1

      The problem is the employer-employee relationship is asymmetrical. The employer has all the power.

      That's not true at all.
      If you're competent, there are plenty of companies that want to hire you. The employee is therefore free to work with whatever employer he prefers, based on what the role, compensation or other perks are.

    15. Re:Not going to change anything by Anonymous Coward · · Score: 0

      Why do they care about turnover? They will outsource the job to India any way.

    16. Re:Not going to change anything by Xest · · Score: 1

      You can use this to your advantage - there's no legal duty to give an accurate figure, or in fact, a figure at all. They have no right to access your past salary information to confirm anything either.

      As such, when they ask, you can just as well give an inflated figure to try and get an inflated offer.

      This is why I don't even bother asking when I hire - I just offer people's salary based on what I believe them to be worth regardless of what they ask for or claim to have been worth previously.

    17. Re:Not going to change anything by Xest · · Score: 1

      As long as you put some kind of range in that's genuine no matter how broad then that's all that matters.

      When I see a job ad listing with salary as "neg." I read it as "negligible", because that's usually what they mean. I don't even waste my time, usually "negotiable" is code for "We're not going to publish a figure because it's so low, no one would apply, so instead we'll trick them into calling us so that we can try in vain to convince them as to why they should take our role for fuck all money".

    18. Re:Not going to change anything by AmiMoJo · · Score: 1

      Problem is that if they then check your references and ask what your salary was, you may get found out. They may realize you inflated the number, which around here is grounds for being sacked.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    19. Re:Not going to change anything by Xest · · Score: 1

      They can't do that, it's illegal, it's a breach of the Data Protection Act.

      If they sack you for obtaining information that they have no legal right to obtain then you can take them to an industrial tribunal and get compensated for a small fortune and the Information Commissioner will have a substantial fine to hand out to both parties too.

    20. Re:Not going to change anything by AmiMoJo · · Score: 1

      I don't think data protect prevents your previous employer disclosing your salary if asked directly. They may refuse of course.

      In any case, you also need to be careful with your P45. You can write to HMRC and ask them not to disclose your previous tax code to your new employer, but of course it will look pretty dodgy if you already told them your previous salary and are now trying to hide it.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    21. Re:Not going to change anything by Xest · · Score: 1

      No it really does - it's personal data and they have no legal basis to hand it over on a whim to another company asking for it, whatever the purpose. The days are even gone where a company can verify sickness absence records against a previous employer without your permission - they cannot in a reference even ask how much time you had off sick as it's again classed now as personal information that cannot be arbitrarily handed out.

      The only thing an employer can do is demand you provide evidence of your previous salary before employment and not give you the job if you refuse - the same with sickness absence, they could ask you to get your previous employer to verify it in writing and refuse you the job if you don't. I've never heard of this actually happening though for what it's worth.

      Your P45 isn't evidence, because you can simply claim that you had a big rise half way through the year, or that you made salary sacrifice for other benefits (such as more annual leave).

      I had to undergo enhanced CRB checks and credit reference checks for my current employer because I work in financial services, and whilst I didn't lie about my salary coming here, they still never had access to it because credit checks only disclose credit.

      For what it's worth, if you ever get a development job through a recruitment agent the odds are the recruiter will lie about your salary to try and get you what you want anyway when negotiating salary. Recruiters have no qualms about lying because they're such a shady industry and typically the more you get, the more they get so the odds are if you've got a job this way and had your salary expectations met it's because a recruiter lied on your behalf anyway.

      The European Data Protection Directive already did a lot to change practices in this area, it's a double edged sword as it means it's hard to find out if someone used to pull loads of sickies, but it also means people have a far great opportunity in European countries to grow their career regardless of the arbitrary nature of their previous salary.

  4. Government butt out by Anonymous Coward · · Score: 1, Insightful

    There is no need for government to insert itself into a market driven process during a salary negotion between a potential employer and employee. The employee is free to lie about past salaries (no employer will ever release this information). This is yet another example of government overreach and I'm pretty sure the Trump team will crush this under their heel once they hear about it.

    1. Re:Government butt out by Anonymous Coward · · Score: 0

      Where are you getting the "employer will never release this information"? That's false.

    2. Re:Government butt out by Frobnicator · · Score: 1

      There is no need for government to insert itself into a market driven process during a salary negotion between a potential employer and employee.

      History shows this to be sometimes false. Often true, yes, but sometimes government needs to step in.

      Usually it isn't individual workers who take actions, it is a group. They form a group called a labor union, and they negotiate wages for the group. Sometimes the government does need to get involved in those cases where the disputes are large. In those cases government needs to step in when the disputes get out of hand.

      Unions have issues, the highest top performers tend to lose some negotiating power, but for the vast majority of the rank-and-file, they improve pay and benefits. While many programmers and computer workers tend to think of ourselves as special snowflakes who can negotiate better rates, most of us are fairly interchangeable and would benefit from a good trade union negotiating for us, including requiring employers to stop having workers to train their H1B replacements.

      They also tend to help wage gap issues, since wages stop being negotiated by the individual and instead are set based on more objective features.

      --
      //TODO: Think of witty sig statement
    3. Re:Government butt out by Anonymous Coward · · Score: 0

      I have found commercial organizations to be very protective of salary information. I have never worked for an organization that advertised pay ranges for employment bands let alone a single individual. In fact even getting employment band information through official channels is next to impossible.

  5. How do these statistics work? by bluefoxlucid · · Score: 4, Interesting

    I'm working at a business with low pay--where the average for a programmer is $96k here, programmers make $74k. The same is true of most IT staff, running a good 20%-30% short of the industry median.

    We're also fairly diversified and have chicks and people from all over the world in our staff, and have had folks who speak Russian or obscure Indian dialects as a primary language in prominent technical positions. They're also poorly-paid, although near as I can tell we all have about the same salary.

    It seems like a form of posturing: we don't want to pay salaries, so we create a perception of ... something. We're a good place to work because of something something benefits diversity open-door-policy.

    Are these studies by industry, region, experience, and business? Do we say that black women earn 55% as much as white men, or do we say that black women at business X in job Y earn 55% as much as white men in business X at job Y? What happens if business X mostly hires white men for job Y, and business X' hires a higher proportion of black and asian women for job Y but also pays like shit even if you're a white man?

    1. Re:How do these statistics work? by Anonymous Coward · · Score: 0

      They take the entire population of each demographic and sex and measure what they're getting in comparison to other demographics and sex. They don't differ from careers, hours worked, paternity/maternity, etc..

    2. Re:How do these statistics work? by m00sh · · Score: 4, Interesting

      I'm working at a business with low pay--where the average for a programmer is $96k here, programmers make $74k. The same is true of most IT staff, running a good 20%-30% short of the industry median.

      We're also fairly diversified and have chicks and people from all over the world in our staff, and have had folks who speak Russian or obscure Indian dialects as a primary language in prominent technical positions. They're also poorly-paid, although near as I can tell we all have about the same salary.

      It seems like a form of posturing: we don't want to pay salaries, so we create a perception of ... something. We're a good place to work because of something something benefits diversity open-door-policy.

      Are these studies by industry, region, experience, and business? Do we say that black women earn 55% as much as white men, or do we say that black women at business X in job Y earn 55% as much as white men in business X at job Y? What happens if business X mostly hires white men for job Y, and business X' hires a higher proportion of black and asian women for job Y but also pays like shit even if you're a white man?

      That doesn't work. Recruiters will successfully poach someone getting underpaid or unhappy. So, it seems like you're unhappy about getting underpaid.

      Competition is why people earn what they earn what they earn. Your employer cannot get away with paying you $x when employer B will pay you $(x+y). At a statistical level, maybe race and gender matters but on a personal level there are too many variations.

    3. Re:How do these statistics work? by Anonymous Coward · · Score: 0, Troll

      Oh my god you have proven that the free market makes any kind of unjust discrimination impossible.

      Time to go home, the problem of injustice has been solved.

    4. Re:How do these statistics work? by ShanghaiBill · · Score: 3, Insightful

      If you pay less, you get less. I worked for a company that had about 20 programmers making $30k in the heart of Silicon Valley. How did we do it? We hired kids straight out of high school and trained them as code monkeys, to whip up Javascript or throw-away Perl scripts. Most of our projects were quick one-off stuff, and when we did need to maintain something for the long term we had one of our "real" programmers clean it up. This actually worked amazingly well, and the company was profitable for years. I kept in touch with many of those kids, and most of them went on to successful tech careers, and one of them even got a PhD from Stanford.

    5. Re:How do these statistics work? by Anonymous Coward · · Score: 0

      Oh my god you have proven that the free market makes any kind of unjust discrimination impossible.

      Time to go home, the problem of injustice has been solved.

      LOL. Did you just take econ 101?

    6. Re:How do these statistics work? by Anonymous Coward · · Score: 0

      Let me guess, website advertising scripts?
      Charge high, pay low, make the customer suffer.

    7. Re:How do these statistics work? by bluefoxlucid · · Score: 1

      We used to have a revolving door, but I'm working with coworkers who have mostly been here for 3-5 years now. They're all cognizant of the market; we regularly talk about how we can't hire additional people because we pay way below market rates--which includes our pay, considering some of us have been offered 80% pay increases at other jobs doing the same shit.

      Some of us are stable. Others just don't care to deal with a job change. A few thought the job would be interesting and now are afraid of jumping ship without 2-3 years to show they're not job-hopping. Plenty are placated by the continuous change in our environment and have a perception that things are getting better, never mind that they're not getting paid more. We're all roped in for various psychological reasons that are quite clear to me.

  6. One thought...... by Ensign_Expendable · · Score: 1

    What about the First Amendment?

    1. Re:One thought...... by Richard_at_work · · Score: 1

      Female candidates are about to become a protected class...

    2. Re:One thought...... by Anonymous Coward · · Score: 0

      Implying they haven't been already.

    3. Re:One thought...... by xxxJonBoyxxx · · Score: 1

      >> What about the First Amendment?

      You are green, grasshopper. Look up "protected classes" and then do some research on the hoops HR and interviewers have to jump through to avoid being sued. Long story short, there's not much "first amendment" left if you're a company/target of any size.

    4. Re:One thought...... by Archangel+Michael · · Score: 1

      Oh, there is plenty of "wiggle room" for creative hiring questions that expose weaknesses in "protected class" applicants. It is just a riduculous hurdle to jump over, and does nothing to stop anything.

      "We like our employees to _________, are you willing?" Where _______ is an innocuous question on the surface, but also lets you know the answer to a forbidden question by assumption.

      Prohibited speech doesn't solve the problem to someone who is determined. It just makes it harder to have legitimate questions answered

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    5. Re:One thought...... by ShanghaiBill · · Score: 1

      Female candidates are about to become a protected class...

      They already are. You can't ask about gender during the interview process. It is usually obvious when a candidate shows up for the interview, but it isn't always obvious during the screening process, especially with a name like Pat or Chris. You also cannot ask about pregnancy, marital status, number of children, or future childbearing plans, which are all issues that disproportionately affect women.

      Several women have told me that they removed their wedding rings before job interviews.

    6. Re: One thought...... by Anonymous Coward · · Score: 0

      The law doesn't prevent asking.

      The law prevents legally making a hiring decision based on this information.

      People are wise not to ask because proving that you didn't make a hiring decision based on the information you asked for can be difficult.

  7. Why do they care? by Anonymous Coward · · Score: 4, Insightful

    I've never understood why someone's current salary is important to an employer. A job pays what the job is worth and the skill set the candidate brings to the table. It should not pay based on what someone is currently making as there is no relationship.

    1. Re:Why do they care? by Anonymous Coward · · Score: 1

      It sets a low bar. Employers generally want to pay as little as possible, so if they know how low a candidate is willing to go, they can offer only a marginal raise above that level.

    2. Re:Why do they care? by Anonymous Coward · · Score: 0

      In the professional field paying as low as possible is not reality. With that said how low a candidate is willing to go is unrelated to what they're currently making.

    3. Re:Why do they care? by Anonymous Coward · · Score: 1

      They ask because information is power. They now know what your basis for negotiation is while you don't know theirs. If you number is well below what they were thinking they'll low-ball you. If it is too high they'll still offer what they were going to. It's the same reason some places I've worked asked you not to discuss raises with co-workers. The less information you have to benchmark the better position the company is in.

    4. Re:Why do they care? by Anonymous Coward · · Score: 0

      They ask because information is power. They now know what your basis for negotiation is while you don't know theirs.

      Two can play that game.

      "What did you pay the previous person in this job?"

      "What is the very most that you might consider paying for this position?"

      They would especially flinch at answering that first question, but actually it isn't even slightly unreasonable or unfair or weird. No, it's not any more confidential to talk about some other employee's pay, than it is to talk about yours. And if that information "belongs" to someone, it's just as much the employer's as the employee's.

    5. Re:Why do they care? by Kierthos · · Score: 1

      Because there's generally a pay range for that position. It's actually pretty rare for an open position to be something like "$90K a year, no wiggle room". It's more likely to be something like "$80-95K a year, depending on experience".

      And if they know you were making, say, $75K at your last job, maybe they'll offer you something in the lower range, because while it's still more money to you, it's less money that they have to offer.

      --
      Mr. Hu is not a ninja.
    6. Re:Why do they care? by skids · · Score: 1

      Prediction: employers who yell the loudest about this restriction will be the ones with the most aggressive market-segregation strategies preventing you from getting a simple or even ballpark price quote without extensive interaction with a VAR partner.

    7. Re:Why do they care? by ShanghaiBill · · Score: 1

      A job pays what the job is worth and the skill set the candidate brings to the table.

      The problem is that a job interview only gives a very tiny peek into that "skill set". At my company, a candidate programmer will spend several hours writing code, and that is a good measure of their ability to write a 50 line function. But it is NOT a good measure of their ability to troubleshoot and patch a system with 200,000 lines of code written by semi-competent people that left five years ago.

      Disclaimer: I never ask "What was your previous salary?" because that just encourages lying. Instead I ask "What are your salary requirements?" and if it is reasonable, I try to make an offer a little higher than their expectation. If it is unreasonable, I might try to lowball them and see if they accept, but usually they just won't be getting an offer.

    8. Re:Why do they care? by thegarbz · · Score: 1

      It sets a low bar.

      It is only looking at once part of the equation. I voluntarily took a pay cut with my current job. I figure not having any after hours responsibilities and getting 7 weeks annual leave each year more than made up for that.

      You lose a LOT of context just by asking about salary.

  8. Can they still ask how much pay you require? by pj2541 · · Score: 1

    If so, then the bias will be reintroduced, unless the applicants do their homework ahead of time an ask for the higher salary.

    1. Re:Can they still ask how much pay you require? by Altus · · Score: 1

      It at least gives them the chance to have done their homework

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  9. Pay negotiations still have to happen by captaindomon · · Score: 4, Interesting

    So what? Pay negotiations still want to happen. "I can't ask you what you make now. Ok, next question: Is our offer of $100k acceptable? No? What would you consider an acceptable offer?"

    --
    Just because I can hook a shark from a boat, I do no offer to wrestle it in the water.
    1. Re:Pay negotiations still have to happen by Anonymous Coward · · Score: 1

      That's how it should happen.

    2. Re:Pay negotiations still have to happen by Areyoukiddingme · · Score: 3, Insightful

      That's how it should happen.

      And that's definitely not how it happens. Businesses by and large no longer negotiate. At least, big businesses. They know what they're going to pay and that's it. There is no discussion. If you ask for more, they will simply say no (speaking from experience). HR has a schedule: job title X with Y years of experience and Z tenure gets salary Alpha, and that's an end of it. They do this specifically to avoid discrimination lawsuits. If women in the company have lower average salaries than men, it's invariably because they have y experience, where y < the Y the men have.

    3. Re:Pay negotiations still have to happen by Luthair · · Score: 1

      You could have pay tiers and place people in them based on their experience. If the criteria is objective then it hopefully doesn't favour anyone. From what I can tell Canadian Government positions try to do this.

    4. Re:Pay negotiations still have to happen by Altus · · Score: 1

      I work for a very large organization here and I had no problem negotiating with them and getting what I wanted pay wise

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    5. Re:Pay negotiations still have to happen by Areyoukiddingme · · Score: 1

      I work for a very large organization here and I had no problem negotiating with them and getting what I wanted pay wise

      Usually what you're negotiating in that circumstance is for the job title that pays what you want. So you're a Software Developer III instead of a Software Developer II. You'd better believe that you're making the same $Alpha that every other Software Developer III makes from your employer.

    6. Re:Pay negotiations still have to happen by Anonymous Coward · · Score: 0

      I work for a very large organization here and I had no problem negotiating with them and getting what I wanted pay wise

      this is totally meaningless, no doubt you were pleasantly surprised by their first offer and you are lying about "negotiating"

    7. Re:Pay negotiations still have to happen by Ryn · · Score: 1

      Not even close to being true. Having been a manager and having had access to salary information for all of my directs, the swings in salary were WILD. To a point that one guy I promoted to SW3 had to get a 30% raise just to get to the bottom end of the range.

    8. Re:Pay negotiations still have to happen by gordo3000 · · Score: 1

      funny... I've only worked for very large companies that would be on top employer lists and every single time I've been able to negotiate salaries, both changing shops and internal transfers to new companies I negotiated salary. And it's not like I was senior in any of these roles.

      granted, if you aren't willing to say no to a company (or at least look like you are willing to say no), then you won't have any negotiating power.

  10. bullshit by argStyopa · · Score: 1, Funny

    "Asking about pay in a job interview hurts women who may start from a lower level than male candidates -- an effect that compounds over time."

    Really?
    You're telling me WOMEN have never heard of 'lying'?

    --
    -Styopa
    1. Re:bullshit by Anonymous Coward · · Score: 0

      Lying is not advisable, the prospective employer may check the salary with the previous employer, who is free to mention what it is (although mostly doesn't). Therefore, the candidate must do "I am looking for a position that pays in the range X" instead, which is harder for women. Women are generally less assertive then men, have more trouble negotiating, etc. There is also societal penalties for women to be demanding - plenty of studies has been done on the subject.

    2. Re:bullshit by gordo3000 · · Score: 1

      it's not legal for a previous employer to say what they were paying you in many countries (though not all). If they do, it is grounds for a privacy violation suit. Most companies to avoid suits for having said "too much" will usually only confirm employment history, not anything else.

      If it isn't, usually there are non-disclosure accords in your work contract (you cannot disclose your salary to anyone outside family and legal consultation), and it is trivial to say you want that to flow both ways (I've worked in areas where it was legally grey on that issue and adding that one line was trivial).

  11. Targeting the wrong discrimination by geekmux · · Score: 1

    "...Asian women earn 63 percent, black women earn 55 percent and Hispanic women just 46 percent."

    Reading this, it seems that racial discrimination is a larger problem than gender discrimination.

    Unfortunately, it's no easier to hide skin color than it is gender. Regardless, all forms of discrimination should end.

    1. Re:Targeting the wrong discrimination by stephanruby · · Score: 1

      On that point, if you reverse the scenario, the few Hispanic women that can be found in Asia probably make a lot more than Asian women.

      And it isn't the fact that Hispanic women are more favored in Asia. It's just the fact that if you (or your family) crosses an ocean to get somewhere, you're probably way ahead of the curve in terms of wealth, connections, or education than the poor local illiterate girl who comes from a local farming family, or the local slums, of an adjacent country.

    2. Re:Targeting the wrong discrimination by misexistentialist · · Score: 1

      Sure, go find a maid or a manicurist who doesn't speak English the next time you need you need medical treatment or other professional consulting, discriminating against people on the basis of intelligence and qualifications is not just. You're not even thinking about the meager wages that mentally disabled people get because you are so full of hate!

    3. Re:Targeting the wrong discrimination by phantomfive · · Score: 1

      if you (or your family) crosses an ocean to get somewhere, you're probably way ahead of the curve in terms of wealth, connections, or education

      I can't speak for Asia, but I do know that those in Latin America who are well-off generally don't want to leave for the US. This partly explains why Latin-American food in the US is so bad: those who can cook well stay in their own country because they can make plenty there.

      --
      "First they came for the slanderers and i said nothing."
  12. Can I by Anonymous Coward · · Score: 0

    Can I ask candidate square root of his/her current pay?

    1. Re:Can I by Sloppy · · Score: 1

      No, but you can ask what the pay is, XORed with a randomly-generated number known only to the answerer.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  13. What's a "pension"? by xxxJonBoyxxx · · Score: 2

    Sorry - I've only ever worked for private companies in the tech industry for the past twenty years. What is this "pension" you speak of?

    1. Re:What's a "pension"? by Kernel+Kurtz · · Score: 1

      A job benefit many people used to have but that will certainly not be part of the current "Great Again" makeover.

    2. Re:What's a "pension"? by thegarbz · · Score: 1

      Something mandatory in most of the world regardless of who you work for and even if you work for yourself.

  14. So ... by PPH · · Score: 0

    ... this means we won't get to look at Trump's tax return?

    --
    Have gnu, will travel.
  15. Group X makes Y% of Group Z by Baron_Yam · · Score: 1

    Big deal.

    Get back to me with numbers based on Group X makes Y% of Group Z for the same job description and experience level and then we can start to worry about corrective measures.

    1. Re:Group X makes Y% of Group Z by Anonymous Coward · · Score: 0

      How about H1-Bs?

  16. Drafty nether regions by Areyoukiddingme · · Score: 1

    "It perpetuates discrimination," James said. "And it has an effect on their pensions as well."

    Now I know they're blowing smoke up my ass. Pensions? What pensions? I've heard of this mythical beast. I've never seen it. Boomers got pensions. I'm Gen-X. The pensions were gone, gone gone by the time I entered the workforce.

    1. Re:Drafty nether regions by Quirkz · · Score: 1, Informative

      I think they meant it as a general term for "retirement"; if you don't fixate specifically on pension in the traditional sense, it's a true statement. If they're contributing x% of a lower salary, that's worse than x% of a higher salary. If there's a company match, it's a function of salary as well.

    2. Re:Drafty nether regions by markdavis · · Score: 1

      >"If there's a company match, it's a function of salary as well."

      Um, no. Most employers around here, including mine, match a flat amount of DOLLARS and has nothing to do with % of pay.

    3. Re:Drafty nether regions by Quirkz · · Score: 1

      Hm. I don't know where "here" is for you, but I stand partially corrected. I've only ever heard of percentage matches, and never encountered or heard of a dollar match. But you learn something every day.

    4. Re:Drafty nether regions by PPH · · Score: 1

      And that's all a part of your negotiable compensation package.

      --
      Have gnu, will travel.
    5. Re:Drafty nether regions by thejynxed · · Score: 1

      That is because many employers frame it as, for example, "We will match your contribution up to 6% of your total pay per year." Some employers will then go further and then mention a hard limit dollar amount that they won't go beyond when matching contributions.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    6. Re:Drafty nether regions by gordo3000 · · Score: 1

      hm..... I'm millenial (at the cut off) and every company I've worked for offered a pension. it's quite the hassle actually, given that I have partial pension gains across 4 distinct companies. the US resident employer offered me 401k and a pension, which just made it all a bit weird (major US bank).

  17. As a white male by Anonymous Coward · · Score: 0

    I was asked that same question many times. I had two choices:

    1. Be honest and expect their salary offer wouldn't be much more than 15-20% more than my current salary
    2. Lie and hope I get away with it / hope I'm a good liar

    Honestly, that question is just as problematic for me as it is for a woman.

    1. Re:As a white male by mark-t · · Score: 1

      The only reason for an interviewer to ask a question about a person's previous salary is if they are trying to indirectly ascertain how satisfied that person is with the salary that they were making.

      If you answer plainly, then you communicate to the interviewer that you are or were satisfied with the salary, and if an interviewer is asking so that they can find the least expensive employee to hire, any increase over the amount you tell them is liable to be quite small.

      Trying to dodge the question by telling the employer how much you want to make when they've specifically asked how much you were making communicates to the interviewer that you are dissatisfied with your previous pay and any figure that you do give them is actually somewhat more than what you are actually willing to work for.

    2. Re:As a white male by Anonymous Coward · · Score: 0

      How does the interviewer know which it is?

    3. Re:As a white male by mark-t · · Score: 1

      If you answer plainly, you were probably satisfied with the amount. If you try and dodge the question, you were probably not satisfied with the amount.

    4. Re:As a white male by Anonymous Coward · · Score: 0

      If you dodge the question and do not give any indication then you leave them to ponder if they are really interested in you and if yes then to come out with their predetermined figure. And that is the desired outcome.

    5. Re:As a white male by mark-t · · Score: 1

      It's an interview... they aren't interested in you at all yet... they are interested only in getting the open position filled, and finding the most suitable candidate. Part of that suitability is wage expectation, and if they choose to do it by asking you what you made on your last job, they are finding out only if they will be able to take advantage of you by underpaying you.

  18. Re:It feels like the Dice era around here again. by Anonymous Coward · · Score: 0

    Oh look, a mom's basement joke. How very novel.

  19. Re:It feels like the Dice era around here again. by MightyMartian · · Score: 1, Interesting

    I'm sorry, but there's an entire political ideology that believes that if it makes gas cheap, CO2's properties magically change, so I'm not interested in those who weight their subjective ideologies higher than objective reality.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  20. Wait by Ryanrule · · Score: 1

    Pensions?

  21. Queue the daily SJW article... by Anonymous Coward · · Score: 0

    And more false or skewed statistics to back it up. Lovely. Sorry, we're too analytical for this sort of junk.

  22. So they can low ball you and pocket the difference by waspleg · · Score: 1

    Duh.

    E.g. If I'm willing to pay $80k for the position, but I know you make $60k and I offer $70k you will probably take it as it's an increase for you and I pocket the $10k difference because you have 0 way of knowing how much I'm willing to pay to start with.

    That's why ALL interviewers ask this question EVERYWHERE and will not proceed with interviews without this information unless prohibited by law.

  23. Quick and easy solution by Lost+Race · · Score: 1

    Pass a law that requires all employers to cut all white men's pay by 50%, white women's by 40%, asian women's by 30%, etc, so all groups on average make exactly the same money. Problem solved, full equality for all! Only racist misogynists could possibly disapprove.

    1. Re:Quick and easy solution by BrianMarshall · · Score: 1, Funny

      For 50% less money, I only code in FORTRAN (and all in upper case).

      --
      "When the going gets weird, the weird turn pro" -- HST
    2. Re:Quick and easy solution by Lost+Race · · Score: 1

      Is there some other way to code?

  24. Re:It feels like the Dice era around here again. by Anonymous Coward · · Score: 0

    Part of the problem is that you're so fucking stupid that you believe everyone else is as dumb as you.

  25. First amendment? by RightwingNutjob · · Score: 1

    If this law, enjoins me as a private individual from saying the words "What did you make at your last job?" then it is a violation of my right to free speech. But because the magic word "employer" gets tacked on to me, it's suddenly OK to deny me the right to say those same words to another adult? Communism FTW!

    1. Re:First amendment? by Anonymous Coward · · Score: 0

      Grow up, fuckstick troll.

    2. Re:First amendment? by RightwingNutjob · · Score: 1

      Fuckstick? That's a new one.

  26. Re:So they can low ball you and pocket the differe by Anonymous Coward · · Score: 0

    No. You're interviewing the company just as much as they're interviewing you. If you let them push you around like that you're going to get low pay no matter how many stupid laws there are.

    I've had interviews where they don't ask pay. The ones where they did ask I replied by telling them "I want X salary" and never told them what I was making.

  27. Just because... by Anonymous Coward · · Score: 0

    you have a vagina doesn't mean you should get paid more.

  28. Re: It feels like the Dice era around here again. by loufoque · · Score: 1

    Climate change is not a controversial subject, it's fact.

  29. Massachusetts already has this statewide by Anonymous Coward · · Score: 0

    Massachusetts's pay equity bill, recently passed, will go into effect on July 1, 2018, and it will prevent Massachusetts employers from inquiring about salary history. It also goes beyond existing NLRA protections for nonmanagers who discuss pay to try to collectively improve their working conditios and adds the same protections for all employees, managers and nonmanagers. http://www.mass.gov/governor/press-office/press-releases/fy2017/governor-baker-signs-bipartisan-pay-equity-legislation.html

  30. Silver Lining by Anonymous Coward · · Score: 0

    Personally, I prefer to just lie and say i make 15% more than I actually do, the last 3 years, and last 3 jobs I've been slowly moving up without doing anymore work