Download our free e-book,Employment law: Are you putting your business at risk? By Steve Milano Updated May 26, 2021. A glance at the language on The Work Number's website suggested to Stephens that the firm is . Q. I think I was discriminated against because my wife is disabled. What to do if you see your job listed online offering a higher salary, NYC worker says company posted her job title online, offering up to $90K more, Gen Z women expect to make $6200 less than men after graduating, says new report, 10 in-demand side hustles you can do from homesome can pay as much as $100/hour. (required)-- Please select only one (1) choice, even if more apply --Age (above 40)Breach of contractColor, race, or national originDisability or request for disability accommodationGender, sex, and/or sexualityPregnancy or request for pregnancy accommodationReligion or request for religious accommodationMedical leave for myself or for a family memberMilitary/veteran status or military leaveTalking about pay at work or union activityWage issue: overtime violation, asked to work for freeWhistleblowing: safety or worker's compensationWhistleblowing: financial/fraudOther (please write in box below), 11. There are a number of situations that call for releasing information about an employee's salary or other income, including the following: When asked to release salary information, employers should consider the context and confirm with the relevant employee that salary details are required to adequately address all areas of a verification request. Or if salary information is public information or if the employer needs to do so by law. Lawmakers have tried to strengthen fair pay laws through the Paycheck Fairness Act, but little progress has been made since it was introduced in 1997. It will give you similar jobs in the market and the pay scale a place to start when determining what youll pay your employees. Your right to discuss your salary information with your coworkers is protected by the federal government. It can be based on many things: Pay equity is a hot topic and is driving some companies to be more transparent in their compensation, from posting pay ranges (minimum to maximum) to indicating pay grades (without discussing exact figures) for jobs. Unless they've been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees. Employee compensation is a sensitive subject, one that many employers would like to keep secret. What Employers & HR Can Do When Employees Discuss Wages, Salary - Insperity So far, more bills are under consideration in states including Massachusetts, South Carolina and New York. Transparency is great (not just in the workplace), but it can lead to some problems if a particular company does not have an easily understood compensation strategy. Their rationale is that the public has a right to know how their tax dollars are being spent. If you are part of a union, there may be restrictions on what your employer can disclose about your salary. Can You Get Fired if Your Boss Doesnt Like What You Post on Social Media? That should be expected.". If your workplace has an unlawful pay secrecy policy, or you have been retaliated against for discussing pay, an experienced employment lawyer can help you evaluate your potential remedies. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. The short answer is , Jackson Spencer Law 2022 | All Rights Reserved. The law requires employers to keep some information confidential, but not all of it. The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job. Potential new hires know what the salary range is for a position. This question has a slightly more complicated answer. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. When employees look for a new job, they use salary information to negotiate their salary. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Employers would not typically disclose salaries to creditors or third parties. 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. If your employer does any of these things, a charge may be filed against the employer with the NLRB. This case illustrates a common misconception that employers can forbid employees from discussing their salaries. Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or that requires you to get the employers permission to have such discussions. In fact, employees' right to discuss their salary is protected by law. Even informal, unwritten policies or practices, such as when supervisors urge employees not to discuss pay, are illegal under the NLRA. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer's business. Does an employer have to make non-work areas used by employees, such as cafeterias, lounges, or employer-provided transportation accessible to people with disabilities? Government Employee: Are you a government employee? If the violation is willful, then an employee has three years to file. LockA locked padlock Advocates say increased discussions about pay, especially transparency from employers, can be another tool to help close the gender and racial wage gaps. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If salaries are public, it could lead to lower salaries overall. The state actually has a law stating that the state cannot prohibit employers from asking about salary history. Under the ADA, for example, medical records and information must be kept in a file that's separate from the employee's regular personnel file, and must be kept confidential (for example, in a separate locked file cabinet or online behind a secure firewall). Need Professional Help? In December, New York City Council passed a bill that will require employers to post the salary range for all job openings, promotions and transfer opportunities. But employers may have a legitimate reason for disclosing this information to other employees. Can Your Employer Prohibit You from Discussing Your Salary? However, employers should also maintain strict. Find your nearest EEOC office Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Section 7 of the Act gives employees these rights. And many states have passed pay transparency laws for employees. It used to be coworkers were not allowed to discuss their salaries with each other. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. It has long been illegal for employers to ban their employees from discussing pay. The ADA makes it unlawful to discriminate against an individual, whether disabled or not, because of a relationship or association with an individual with a known disability. No. Have you been terminated? If you were fired from your previous job, your former employer is within their legal right to say so and share the details of your termination. An employer cannot require you to take a medical examination before you are offered a job. Very few rules specifically require employers to keep other types of personnel records confidential. You may also discuss supporting employees who work elsewhere. It may result in discrimination. EEOC field offices can refer you to the agencies that enforce those laws. California Equal Pay Act - California Department of Industrial Relations Conduct internal surveys that monitor your companys general climate. The more you know about what you can and cant do, the better you can protect yourself and your company. For example, suppose you are in a management position. This can help employees feel like they are part of something larger and motivated. Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries. Accordingly, EEOC will encourage efforts of employers and individuals with disabilities to settle such differences through alternative methods of dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute. There was a problem with the submission. See examples of NLRB decisions below. The Commission also recognizes that differences and disputes about ADA requirements may arise between employers and people with disabilities as a result of misunderstandings. Q. Were honored to recognize these champions. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission. EEOC staff also will respond to individual requests for information and assistance. For instance, they could not tell all the employees what their salary is if they are the only person of color at the company. Then they can bring it up to their boss. However, these inconsistencies should be documented as part of a pay structure analysis. Employers can generally inform customers or vendors that an "employee has tested positive for COVID-19" or that an employee "has been exposed to COVID-19," but the employee(s) should not be identified. Employees look for ways to be more open with their employees. For example, reasonable accommodation may include: An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.