No Getting Around This One!
Assembly Bill 168, which prohibits employers from asking candidates about their salary history during the interview process. The bill also requires employers to provide accurate pay ranges for open positions should candidates inquire about the pay for these positions during the interview process. The law affects employers in both the public and private sectors and goes into effect on January 1, 2018.
Darn it!
I have been a covert headhunter since 21 years old. I get paid very well to get intel that no one else can get. I have always applied the Golden Rule + in everything I do. I behave like a professional and treat ALL with respect and fairness. There is simply no way around this new law. NONE! I have been banging my head against the wall trying to figure out a clever way to ask the salary question without leaving myself and client-companies legally vulnerable. What if I get the candidate to sign a release saying I am his/her agent representing him/her to openings? Nope. Perhaps I can lead them down that salary path subconsciously and do a long pause? Uh, nope again... that's prompting and a big no no now. Candidates know about this law. It is one of the first things brought up to me during my recent roadshow meeting candidates f2f. I know this law protects many, but I have always behaved like a Pro and treated people like they were the best at their craft and deserved the highest compensation no matter your race, gender, gender affiliation, etc. There is no getting around this one. It is a game changer! So, being an out of the box headhunter...what am I doing about this salary question? My solution so far...I simply state what the salary range is for the opening and do a LOOOOOOOOOONG PAUSE. Don't say a word. Look candidates in their eyes, their souls. I am waiting for the candidate to subconsciously start thinking about their current salary or salary expectations and reveal those magic words without prompting or asking...."I am currently making $X and desire $X." This way I am being legal in my approach by not asking or prompting for the valuable salary data. I hope this helps a few folks out there.