H.R.2219 - Salary History Question Prohibition Act (119th Congress)
Summary
H.R.2219, the "Salary History Question Prohibition Act," seeks to amend the Fair Labor Standards Act of 1938. It aims to prohibit employers from relying on or seeking a prospective employee's salary history during the hiring process. The bill outlines specific prohibitions and penalties for violations.
Expected Effects
This bill, if enacted, would change hiring practices across the United States. Employers would need to adjust their recruitment strategies to comply with the new regulations regarding salary history inquiries and considerations. It also provides avenues for legal recourse for employees or prospective employees who experience violations.
Potential Benefits
- Promotes fair wage negotiation by preventing employers from anchoring salary offers to previous wages.
- Reduces potential for perpetuating wage gaps based on gender or race.
- Empowers employees to negotiate salaries based on skills and experience rather than past earnings.
- Creates a more transparent and equitable hiring process.
- Provides legal recourse for employees who face discrimination based on salary history.
Potential Disadvantages
- May increase the administrative burden on employers to determine appropriate salary ranges.
- Could lead to potential legal challenges regarding the interpretation and enforcement of the prohibitions.
- Might create difficulties for employers in industries where salary history is traditionally used for benchmarking.
- Could lead to unintended consequences if employers lack sufficient information to make informed salary offers.
- May face resistance from businesses concerned about government overreach in hiring practices.
Constitutional Alignment
The bill aligns with the Commerce Clause (Article I, Section 8) by regulating employment practices that affect interstate commerce. It also touches upon the principles of equal protection, although not explicitly mentioned, by aiming to reduce wage discrimination. The bill does not appear to infringe upon any specific individual liberties outlined in the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).