Last week, DOJ GEN learned that DOJ again re-posted a job advertisement for the Chief Diversity Officer position (the ad for non-federal employees is here).  This time, the application window is open from January 28 through February 11. 

We remain grateful that DOJ created this position and we encourage our members to apply.  However, we’re deeply disappointed that the new ad requires applicants to include the “highest grade/step or salary achieved” for each job listed on their resume.

President Biden accurately described the use of salary history in hiring and setting wages as “a practice that only perpetuates [gender pay] disparities,” which we know are especially acute for women of color.  It’s for this reason that 21 states and 21 municipalities have enacted salary history bans.

What’s particularly frustrating about the salary history requirement in this job ad is that the same Executive Order that called on agencies to hire a chief diversity officer also directed the OPM Director to consider banning agencies from soliciting salary history during the hiring process and when setting pay.

We’ve advocated for a salary history ban repeatedly.  In August 2020, DOJ GEN and other affinity groups sent a joint letter to every component head asking that they stop this practice because of its discriminatory impact on people of color and women.  In August 2021, DOJ GEN sent a letter to OPM asking it to promulgate a regulation prohibiting agencies’ consideration of salary history when hiring or setting pay.  That same month, we raised this issue directly with the Attorney General, Deputy Attorney General, and Associate Attorney General.  DOJ hasn’t budged.

As OPM Director Kiran Ahuja said in a January 5 memo to agencies about their hiring of chief diversity officers, “[d]iversity is our greatest strength as a nation, and our greatest asset in the civil service.”  We agree. But for DOJ to meaningfully advance diversity in its workforce, it must eliminate hiring and pay-setting practices that disproportionately harm people of color and women.  Creating a salary history ban is an easy and obvious way to do that, and DOJ GEN will continue to urge the Department to include one in its DEIA Strategic Plan that’s due on March 23.

If you plan to apply for the Chief Diversity Officer position, consider noting in your application why salary history inquiries frustrate the Administration’s commitment to ending “racial and gender pay gaps.” 

If you have questions or concerns, click the button below to contact us and let us know. Our become a member and join our Pay Equity Project to add your voice to our ongoing advocacy efforts!