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paraphrase Compensation discrimination issues are particularly complex. Aside from the fact that employers cannot base compensation on whether or not an individual is a member
paraphrase Compensation discrimination issues are particularly complex. Aside from the fact that employers cannot base compensation on whether or not an individual is a member of a protected class, even appropriate considerations such as work experience or level of education achieved can produce discriminatory results. In an attempt to prevent the perpetuation of past discriminatory practices, some states passed legislation that specifically prohibits employers from asking applicants for their salary history within the hiring process. When discussing compensation, employers should avoid asking questions about minimum or prior salary requirements, even if this is not specifically prohibited under state law. Why? Because, given the fact that women and some minority groups are generally paid less than men, members of these protected groups would be more likely to work for lower compensation. Thus, asking this question and using the response as the basis for a compensation decision could result in disparate impact discrimination.57 Even asking individuals about their salary expectations can produce discriminatory results because individuals in certain protected classes, such as women and certain minority groups, tend to have lower expectations. Because of the complexities related to compensation, it is a best practice not to ask individuals about their prior salary
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