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There are federal discriminatory laws that prevent companies from basing their hiring decisions on gender, religion, race, etc.

If prospective employer bases their decision on what a prospect employee is currently making, does this constitute discrimination?

Does asking a prospect employee for his/her current salary before extending an offer violate any laws?

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Basing an employment decision on current salary is discrimination, just as it is discrimination to base a employment decision on the basis of education level, work experience, technical competence, attitude during an interview, and which applicant applied first. Such discrimination is legal. Asking a person's salary violates no law.

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  • This answer is correct under Georgia law. There is a law in either NY State or NYC that has either been proposed or adopted (it was just proposed but likely to pass when I read about it several months ago), that would prohibit asking about someone's salary. A previous LawSE question asked about how choice of law would work in the situation, but that does not apply in GA. – ohwilleke Nov 1 '17 at 23:35
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    It apparently went into effect in NYC on Tuesday. – user6726 Nov 1 '17 at 23:46

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