12 Oct The Fair Wage Amendment Act of 2016 Would Require DC Employers to Eliminate Screening Questions Relating to Applicants’ Wage Histories

The Fair Wage Amendment Act of 2016 Would Require DC Employers to Eliminate Screening Questions Relating to Applicants’ Wage Histories

By Jessica N. Childress                                                                        10.12.2016

Last month, DC Councilmembers David Gross, Mary Cheh, Robert White, Jack Evans, Brianne Nadeau, and Elissa Silverman introduced the Fair Wage Amendment Act of 2016 (FWAA), B21-0878. Amending the DC Wage Transparency Act of 2014, the bill prohibits employers from screening applicants based on their wage histories. Furthermore, the bill prohibits employers from seeking information about the wage history of an applicant. The FWAA provides an exception to the prohibition in the case “where an employer has made an offer of employment with compensation to the prospective employee and seeks such information for the sole purpose of confirming information about the prospective employee’s wage history[.]” Under the exception, the employer is required to obtain written authorization from the applicant in order for the employer to receive information regarding the applicant’s wage history.

The FWAA is currently under Council review. On November 29, 2016, a public hearing will be held on the proposed legislation. If the DC Council passes this legislation, employers should consider eliminating any interview or screening questions that inquire about applicants’ wage histories. The Childress Firm will be closely following the development of this bill.

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