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Using Predictive Analytics to Change History

By K. Joy Chin
  • May 11, 2017

Last year, women made 80¢ on the dollar compared to men. That persistent pay gap has hovered around 80% for the last several years. States, cities, and federal enforcement agencies are thus trying a variety of new tactics to “close the gap.” The most interesting, and as many believe creative, approach to gain popularity in the past year is prohibiting employers from asking applicants for salary history. Proponents of these salary history bans contend that preventing the use of salary history to determine starting pay will stop the perpetuation of wage discrimination. Banning requests for salary history will force employers to base salaries on an applicant’s — or the position’s — value to the company, rather than what an individual made in a previous position. This white paper explores what this means to employers.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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