Fenwick litigation counsel Matthew Damm spoke to Law360 about best practices for employers during job interviews.
Certain interview questions related to candidates’ previous salaries, personal lives and interests, or criminal history that may have once been common, could now pose legal complications. In recent years, laws have been created across various cities and states that diminish employers’ ability to seek out potentially sensitive information about prospective employees’ pasts.
On discussion of past salaries, Damm noted, "I think, for good reason, there's renewed sensitivity around what should or should not be asked in an interview, but I would say the issues around salary are one of the biggest changes that have happened over the last several years. There are still quite a few employers out there who still point-blank are asking employees what their salary was at a previous job, which in New York is not permitted."
The full article is available on Law360 (subscription required).