Sec. 38-102. - Salary history.
(a)
Except as otherwise provided in this section, it shall be unlawful for an employer
or agent to:
(1)
Inquire about the salary history of an applicant for employment; or
(2)
Screen job applicants based on their current or prior wages, benefits, or other compensation,
or salary histories, including requiring that an applicant's prior wages, benefits,
other compensation or salary history satisfy minimum or maximum criteria; or
(3)
Rely on the salary history of an applicant in deciding whether to offer employment
to an applicant, or in determining the salary, benefits, or other compensation for
such applicant during the hiring process, including the negotiation of an employment
contract; or
(4)
Refuse to hire or otherwise disfavor, injure or retaliate against an applicant for
not disclosing his or her salary history to an employer.
(b)
Notwithstanding paragraph (a) of this section, an employer or its agent may, without
inquiring about salary history, engage in discussion with the applicant about the
expectations with respect to salary, benefits, and other compensation, including but
not limited to unvested equity or deferred compensation that an applicant would forfeit
or have cancelled by virtue of the applicant's resignation from their current employer.
(c)
The prohibitions in paragraph (a) of this section shall not apply to:
(1)
Applicants for internal transfer or promotion with their current employer;
(2)
A voluntary and unprompted disclosure of salary history information by an applicant;
(3)