Business litigation is one way to address unfair salaries

There is no question that hiring practices in the United States have come a long way in the past few generations. Nevertheless, there is room for improvement, especially when it comes to discrepancies between the salaries of men and women. New York City, along with a northeastern state and another large city, recently passed laws to end practices that tend to perpetuate unequal salary offerings. However, pay inequity and other forms of discrimination can still lead to business litigation.

Lawmakers in New York City forbid potential employers from asking about a candidate's salary history. They feel the current salary one makes should have no bearing on the salary offered, even if the work is similar. By asking a candidate's current salary, the potential employer is then likely to offer pay to meet the current salary rather than paying a fair rate for the job the candidate is seeking. This tends to perpetuate low salaries, especially for candidates, like women, who may be earning less than average already.

Many candidates have avoided the question either by offering a salary range or by simply refusing to answer. However, while men seem to profit from dodging the question, some employers see the same methods as overly aggressive in female candidates. While an employer may offer a higher salary to a man who refuses to disclose, studies show that a woman will typically receive a lower offer whether she reveals her current salary or refuses to share the information.

This kind of discrimination is against the law. If someone feels he or she is being treated unfairly at work, there may be legal options available. Whether one is receiving unfair pay or has a dispute concerning a breach in an employment contract, seeking legal advice could provide insight into the appropriate steps to take to resolve the issue, whether through negotiation or business litigation.

Source:, "This is why women and men can't negotiate salary the same way", Monica Torres, June 28, 2017

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