Sex-based wage discrimination is ingrained into systems that help to reinforce imbalanced pay arrangements. Employers may have systems built into their hiring processes that leave female professionals at a marked disadvantage and unable to command the same wages as male professionals in similar positions.
Federal law has long prohibited wage discrimination based on sex. Illinois has also established state-level regulations that protect women from the unfair consideration of their sex when deciding what they should earn. One rule in particular helps to limit the likelihood of discrimination persisting from one position to another by limiting employer inquiries during the hiring process.
Salary disclosure should not influence future earnings
For decades, employers often required that workers disclose their earning history as part of the hiring or onboarding process. The company could then scale compensation based on the worker’s prior income. Professionals in similar positions at the same company could earn vastly different wages as a result of this practice.
Female workers who earned lower wages due to a previous employer’s discrimination were at risk of that prior discrimination following them to all of their future employment opportunities. No matter how well they performed their jobs, the salary they earned before could limit their future wages.
Under unique state laws adopted in Illinois, employers can no longer mandate salary disclosures from job candidates. This law facilitates a fairer approach to salary negotiations and allows workers to improve their circumstances without their prior income influencing their future opportunities.
If employers do not comply with state law, workers affected by wage discrimination may have grounds to take legal action. Discussing onboarding practices and wage discrepancies with a skilled legal team can help workers paid an unfair amount to hold their employers accountable.
