Scenario 2
Inez completes an application for a new job. The application asks the same questions about employment history, including hourly rates and/or salary at each of the applicant’s prior jobs. At the top of the application, it states:
All information in this application is optional; an applicant can choose what they want to disclose.
Question: Can an employer ask an applicant about pay history as part of a job application (or interview) as long as it is optional for the applicant to provide that information?
No. An employer cannot ask about pay history or prompt an applicant to disclose their pay history. Asking about past wages, even if optional, is prohibited.