Walker Morton

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Legislation seeks to prevent gender-based discrimination

On Behalf of | Feb 12, 2019 | Employment Litigation

Applying for a new job can be a complex and overwhelming process. Whether it is for a career change or because one recently lost their current job, completing all the steps in the application process requires one to provide many details about him or herself. One essentially puts him or herself out there during an interview. A potential employer can learn a lot about an applicant at this point, and if that information is not used properly, this could be construed as employment discrimination.

Potential employers obtain character-defining details about an interviewee. Whether it is from documents filled out or by observation, an applicant’s race, age and gender are likely initially known. However, the interviewing company could go further with these character traits. For example, an employer could ask for one’s salary history. This may seem like an innocent question for Illinois-based employers. However, it could be viewed as gender discrimination.

According to recent reports, legislation is being introduced in Illinois. The State Representative shared that this legislation would prevent a potential employer from asking job applicants about his or her salary history. The reason for this is that it can create gender-based pay discrimination. It has been deemed unfair to pay a woman less for the same work as a man when they both have the same duties and experiences. And by obtaining one’s salary history, an employer could use this information to continue to pay her less than what is deserved for that position.

Gender discrimination in the workplace is a serious situation. These matters could spark employment litigation for employees and potential employees. If an applicant or an employee believes he or she has been discriminated against for any reason, it is important to understand what options are available to them. By filing a legal action, one could recover damage for losses and harms suffered by the situation.

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