
You may have hesitated when asked, "What is your current salary?" during a job interview when changing jobs in the U.S.
In the past, you might have considered it a standard question and simply stated a number, but things are a bit different now.
Since January 2020, New York State has legally prohibited both public and private employers from asking about a candidate's previous salary during the hiring process.
This applies throughout the entire process, from submitting an application to the interview and receiving a final offer, so it's relevant for anyone working in New York State, including Buffalo.
The reason this law was created is simple. If someone starts at a low salary in their first job, they will continue to negotiate based on that low number when changing jobs, resulting in a structure where the gap never closes over the years.
There is a significant aim to prevent wage gaps based on gender or race from being perpetuated in this way.
In the past, it was common to have a section on resumes to indicate desired salary or current salary.
From the applicant's perspective, listing a low number could put them at a disadvantage in negotiations, while listing a high number might lead to being filtered out from the application process.
You can think of the New York State law as eliminating that section entirely. There should be no questions about previous salary on job postings, application forms, or interview questionnaires, and unless the applicant voluntarily discloses that information, it is illegal for the company to attempt to obtain it.
Interestingly, this provision applies not only to company HR departments but also to headhunters and recruitment agencies.
It effectively prevents agencies from circumventing the law by asking on behalf of the company, so there are quite a few safeguards in place.
This isn't just a New York State issue. More states are introducing or amending similar laws, and the hiring process is shifting to encourage companies to ask applicants about their desired salary range first.
Instead of negotiating down based on previous salary, the focus is shifting to asking what the applicant expects to earn.
So, even if an interviewer asks about salary in the old way, there's no need to be flustered. You can calmly say, "I don't think I can disclose that, but I expect a salary range of this amount for this position," and it won't be considered rude. In fact, you would be exercising a right protected by law.
In salary negotiations, if you reveal all your cards too early, it becomes difficult to get what you deserve. There's no reason to bring up past numbers first.
Life is what it is; it's best not to rush things that don't need to be rushed. The same goes for job negotiations, so there's no reason to start with a low number.
However, just because the law has changed doesn't mean that all HR personnel are aware of it, and there are still instances where they may ask out of habit.
This isn't usually out of malice, but rather because old hiring manuals are still in use. In such cases, there's no need to get upset; just respond calmly as mentioned above. Most people will understand and move on rather than take offense.
Salary negotiations are ultimately about valuing the path you've taken, so there's no reason to align yourself with the number set by your previous employer. A new position should be discussed based on its own merits and what you can bring to the table. Just as you don't need to force the pace of the later chapters of a book to match the earlier ones.
If you are preparing for a job change, I recommend checking whether such laws exist in your current state and, if so, how far they apply.


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