It can construed as a side step around the protected classes. Which means it could open up the opportunity to be sued. Since there are so very many lawsuits on the books about this, there is a likelihood that there is a precedent that would hurt someone who tried to use this side stepping idea. So most (wise) employers would avoid doing this to avoid the risk. It isn’t black and white.
It is just dicey, because income can be related to racial factors. Poor areas in many cities are often overwhelmingly non-white. It’s something HR doesn’t want to touch with a ten-foot pole.
Income isn’t a protected class. Is there something else that makes this illegal?
It can construed as a side step around the protected classes. Which means it could open up the opportunity to be sued. Since there are so very many lawsuits on the books about this, there is a likelihood that there is a precedent that would hurt someone who tried to use this side stepping idea. So most (wise) employers would avoid doing this to avoid the risk. It isn’t black and white.
It is just dicey, because income can be related to racial factors. Poor areas in many cities are often overwhelmingly non-white. It’s something HR doesn’t want to touch with a ten-foot pole.