However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. This case illustrates a common misconception that employerscan forbid employees from discussing their salaries. As of 2022, at least seven states and three cities have laws requiring pay transparency. It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA. There is a common misconception among employees that you cannot discuss your pay with others. This page was posted by the Office of the General Counsel, and like other similar pages on nlrb.gov, it has not been reviewed or approved by the Board. Yet these workplace "gag rules" continue to thrive. The ADA does not prevent employers from testing applicants or employees for current illegal drug use. Suite 400 For instance, they may post the salary ranges for each position on their website or job postings. They might even restrict you from talking about it during work hours. When determining compensation, there are a number of variables to consider. And if they do not have your permission, they may violate the agreement. Employers can generally inform customers or vendors that an "employee has tested positive for COVID-19" or that an employee "has been exposed to COVID-19," but the employee(s) should not be identified. And with good reason their salary is personal and private information. Can HR Do That?! Your Guide to HR Law - G2 They may also implement a complaint resolution procedure that gives employees a chance to be heard if they feel their salary is not in line with their co-workers. Through volunteerism and community leadership, Insperity employees make a difference in the lives of others. Can an employer offer a health insurance policy that excludes coverage for pre-existing conditions? In such cases, sharing salary information can help close the wage gap. If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. Also, employees may be less likely to negotiate for higher salaries. Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. No. A. However, smart employers observe some common sense protocols to maintain the privacy of records that could cause legal problems if they fall into the wrong hands. Is an employer required to provide reasonable accommodation when I apply for a job? This could lead to conflict and tension among employees. The thought is that your company should pay workers based on your formal compensation strategy, not their pay history. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. with GovDocs Employment Law News. The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. 1-888-273-3274. The ADA: Your Employment Rights as an Individual With a Disability There was a problem with the submission. ", Now, as workers weather the pandemic with more job opportunities and promise of flexible work than ever, Johnson says, "we're coming out of a less transparent period. No. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws. There should be a layer of approval. There is no general prohibition against employers disclosing employees salaries to other employees. In fact, having a policy against it could get you in hot water with the National Labor Relations Board (NLRB) because such policies generally violate federal labor law. Beginning in 2020, Toledo's Pay Equity Actstates that employers in the city are prohibited from asking applicants about their salary history. Employment confidentiality and non-disclosure agreement - LegalZoom Unless they've been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees. How hybrid work could improve pay equity nationwide, according to HR experts, A counterintuitive trick to decide whether a new job offer is really worth it, This 26-year-old negotiated his $120,000 salary by finding out how much his coworkers make, Sign up now: Get smarter about your money and career with our weekly newsletter, Get Make It newsletters delivered to your inbox, Learn more about the world of CNBC Make It, 2023 CNBC LLC. In many cases, even if you are embarrassed by the breach, you might not have any legal recourse unless someone at work used the information in an illegal way (for example, as a basis to discriminate against you). For information and instructions on reaching your local office, call: The EEOC conducts an active technical assistance program to promote voluntary compliance with the ADA. See, NLRB v. Brookshire Grocery Co., 919 F.2d 359 (5th Circuit, 1990). Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. In some companies, managers disclose an individuals salary during performance review meetings.