• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
Leadershipillegal interview questions

The ‘Salary History’ Question Is Annoying. But Should It Be Illegal?

By
August 23, 2016, 5:30 AM ET

Over the past decade or so, the wage gap between men and women in the U.S. — even among senior executives with MBAs — has been scrutinized from every imaginable angle, and some analysts say they still can’t fully explain it.

Still, common sense suggests that, if a new hire’s salary is based at least in part on previous compensation, then someone who was underpaid in her last job will probably get lowballed in her next one, too.

Letitia James, Public Advocate of New York City, wants that to stop. “Requesting a prospective employee’s salary history perpetuates inequitable wages for women,” says James. She has introduced legislation that, like a Massachusetts law passed earlier this month, would ban job interview questions about what candidates earned in previous jobs.

At the moment, women in NYC earn a total of $5.8 billion less per year than their male peers, according to a study James’ office put out earlier this year, or $6,778 less in annual median income for each female employee in the five boroughs. Businesses operating in the city seem to be making more progress toward closing the wage gap than New York’s local government. Female municipal employees, says the report, “face a gender wage gap that is three times larger (18%) than the gap experienced by women working in the private for-profit sector (6%).”

James’ proposal is fine as far as it goes, but even if every city and town in the nation adopted a similar law, the gender wage gap would probably persist anyway, because its causes are so complex. “There’s no doubt that basing starting salaries, and subsequent raises, on past pay does perpetuate the wage gap,” says Benjamin Frost, global head of pay data at Korn Ferry. But an even bigger part of the disparity comes from “hidden biases that are baked in to the policies and structure of many organizations. So much of how companies operate hasn’t really changed since the 1950s, when the world was a very different place.”

A new Korn Ferry study shows that, in most companies around the world, the pay gap between men and women shrinks virtually to the vanishing point at the senior-executive and C-suite levels. Likewise, in the U.S., employers like Microsoft and Facebook say that, when comparing compensation for men and women of similar rank in their own companies, they find no wage gap. The sticking point is in how few women reach those heights. Korn Ferry’s research found that women overall earn less because they tend to rise into the middle levels of organizations — and then stay stuck there for much longer than their male peers, often for their whole careers.

Why is that? “In lots of unintentional ways, companies are designed to suit men’s strengths rather than women’s,” Frost says. Most employers, for example, reward negotiating skill (even when it has no connection to someone’s job as, say, a software developer), which tends to favor men. A subtler block to pay parity, Frost notes, is that “the way you get recognized and promoted, in most companies, is by raising your hand and putting yourself forward which, for a number of reasons, many women have been reluctant to do.

“We need to rethink the whole pipeline of talent in companies,” he adds. That includes “taking a more analytical approach to what success looks like, and exactly what skills are needed, for any given job and salary level — regardless of gender, race, or anything else.”

That’s clearly not impossible. At Google, for instance, departing chief of “people operations” Laszlo Bock came up with a system that assigns a dollar value to each job in the company and pays employees accordingly, period. Salary history, negotiating prowess, and other extraneous distractions just don’t figure into it. Straightforward as it may sound, getting to that kind of elegant simplicity is a whole lot more complicated than simply skipping questions about past pay in a job interview.

 


Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

Aerie built a $2 billion brand by rejecting Victoria’s Secret’s old playbook. Now it wants to win the AI backlash.
C-SuiteRetail
Aerie built a $2 billion brand by rejecting Victoria’s Secret’s old playbook. Now it wants to win the AI backlash.
By Phil WahbaApril 30, 2026
16 minutes ago
Google Cloud revenue is now 18% of Alphabet’s business. Is this the beginning of the end of Google’s search identity?
Big TechGoogle
Google Cloud revenue is now 18% of Alphabet’s business. Is this the beginning of the end of Google’s search identity?
By Alexei OreskovicApril 29, 2026
5 hours ago
A man in a suit and tie
InvestingMeta
Meta just bumped its 2026 capex forecast up to as much as $145 billion for the AI boom—and investors flinched
By Amanda GerutApril 29, 2026
8 hours ago
teri
BankingBanks
Exclusive: America’s largest Black-owned bank launches podcast with mission to unlock hidden shame holding back generational wealth
By Nick LichtenbergApril 29, 2026
8 hours ago
pete hegseth
PoliticsIran
‘A strategic blunder’: Democrats confront Hegseth as the Iran war’s price tag hits $25 billion
By The Associated Press, Ben Finley, Stephen Groves, David Klepper and Konstantin ToropinApril 29, 2026
10 hours ago
Jamie Dimon says bureaucracy sinks companies and the solution may be getting rid of the ‘jerks’ who don’t want to solve it
C-SuiteJamie Dimon
Jamie Dimon says bureaucracy sinks companies and the solution may be getting rid of the ‘jerks’ who don’t want to solve it
By Marco Quiroz-GutierrezApril 29, 2026
11 hours ago

Most Popular

Apple cofounder Ronald Wayne—whose stake would be worth up to $400 billion had he not sold it in 1976—says that at 91, he has no regrets
Success
Apple cofounder Ronald Wayne—whose stake would be worth up to $400 billion had he not sold it in 1976—says that at 91, he has no regrets
By Preston ForeApril 27, 2026
3 days ago
‘Take the money and run’: Johns Hopkins economist Steve Hanke on why the UAE quit OPEC
Energy
‘Take the money and run’: Johns Hopkins economist Steve Hanke on why the UAE quit OPEC
By Shawn TullyApril 29, 2026
1 day ago
‘The cost of compute is far beyond the costs of the employees’: Nvidia executive says right now AI is more expensive than paying human workers
AI
‘The cost of compute is far beyond the costs of the employees’: Nvidia executive says right now AI is more expensive than paying human workers
By Sasha RogelbergApril 28, 2026
2 days ago
Jamie Dimon gets candid about national debt: ‘There will be a bond crisis, and then we’ll have to deal with it’
Economy
Jamie Dimon gets candid about national debt: ‘There will be a bond crisis, and then we’ll have to deal with it’
By Eleanor PringleApril 29, 2026
20 hours ago
‘They left me no choice’: Powell isn’t going anywhere—blocking Trump from another Fed appointee
Banking
‘They left me no choice’: Powell isn’t going anywhere—blocking Trump from another Fed appointee
By Eva RoytburgApril 29, 2026
12 hours ago
More than two-thirds of U.S. schools say they’re unable to afford the cost of student free lunch—and MAHA’s dietary guidelines may make it worse
Economy
More than two-thirds of U.S. schools say they’re unable to afford the cost of student free lunch—and MAHA’s dietary guidelines may make it worse
By Sasha RogelbergApril 29, 2026
22 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.