State and local governments are increasingly adopting laws and regulations that prohibit employers from requesting salary history information from job applicants.
The laws are aimed at ending the cycle of pay discrimination and some go further than merely banning pay history questions. A few also prohibit an employer from relying on an applicant's pay history to set compensation if discovered or volunteered; others prohibit an employer from taking disciplinary action against employees who discuss pay with coworkers.
Here, we track the states, cities and other jurisdictions that have passed such bans, and offer a brief description of each law's requirements, its effective date and a link to the original law.
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State-wide Bans: 22
Local Bans: 22
Key
Salary history ban enacted
Salary history bans prohibited
Alabama
State-wide
Effective date: Sept. 1, 2019
Employers affected: All employers
Employers may not refuse to hire, interview, promote or employ a job applicant based on the applicant's decision not to provide pay history.
Employers affected: All employers, including state and local government employers and the legislature
California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay. The law also requires employers to give applicants pay scale information if they request it.
California bans the box, outlaws salary history questions
San Francisco
Effective date: July 1, 2018
Employers affected: All employers, including city contractors and subcontractors
A city ordinance in San Francisco prohibits employers from both asking and considering a job applicants' current or prior compensation in setting pay. It also bars them from disclosing a current or former employee’s salary information without their consent.
Joining a national trend, San Francisco bans salary-history questions
Colorado
State-wide
Effective date: Jan. 1, 2021
Employers affected: All employers, including the state and any political subdivision, commission, department, institution or school district thereof.
Employers may not ask about an applicant's pay history, nor can they rely on pay history to determine wages. Employers may not discriminate or retaliate against a prospective employee for failing to disclose their pay history.
Employers affected: Any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state
Employers may not ask about an applicant's pay history, unless it was voluntarily disclosed.
Employers affected: All employers, or an employer's agent
Employers are prohibited from screening applicants based on past compensation and from asking about salary history. They may, however, confirm that information after an offer is extended.
Employers affected: Agencies of the D.C. Government
District government agencies are prohibited from asking candidates for their salary history unless it is brought up by a candidate after an offer of employment is extended.
Employers affected: All employers, employment agencies andemployees or agents thereof
Employers are prohibited from asking about applicants' salary histories, and they cannot rely on that information unless volunteered by the applicant. The law does not apply to internal applicants.
Employers affected: The Louisville/Jefferson County Metro Government or any department, agency or office thereof unless specifically excluded in the law
City agencies may not ask for applicants' salary histories.
The city will not seek pay history, nor will it screen applicants based on their current or prior pay, compensation or other benefits. The city will not rely on pay history in the determination of wages nor in determining whether to offer employment to an applicant. Once an offer of employment is made, an applicant may offer pay history to negotiate a higher salary.
Employers may not seek pay history, but they may confirm wage history voluntarily provided by an applicant after an initial offer of employment, including an offer of compensation, is made. Upon request, employers must provide an applicant the wage range of the position for which the applicant applied.
Employers affected: The Montgomery County government
The county will neither seek nor rely on an applicant's salary history as a factor in determining whether to hire the applicant or when setting pay. The county must not retaliate or refuse to hire an applicant for the applicant's refusal to disclose their salary history. The county may rely on salary history voluntarily disclosed by an applicant to offer the applicant a higher wage than initially offered if this does not result in unequal pay for equal work based on gender.
Employers affected: All employers, including state and municipal employers.
Employers cannot request salary history information. They can, however, confirm prior history if volunteered by the applicant or if an offer has been extended. If known, previous pay cannot be a defense to a pay discrimination claim.
Michigan has prohibited salary history bans in the state. Local governments may not regulate the information that employers must request, require, or exclude on an application for employment or during the interview process.
Swimming against the tide, Michigan forbids salary history bans statewide
Effective date: Jan. 8, 2019
Employers affected: State departments and certain autonomous agencies
Departments may not ask about a job applicant's salary history until a conditional offer of employment is extended. They also may not ask a current or prior employer or search public records databases to ascertain an applicant's current or previous salary. Information already known or inadvertently discovered may not be considered.
Employers may not seek pay history. The prohibition does not apply if an applicant's pay history is a matter of public record — unless employers seek access to those public records with the intent of obtaining pay history for the purpose of determining wages, salary, earnings, benefits or other compensation for that applicant. Applicants may voluntarily disclose pay history and, if they do, employers may consider voluntarily disclosed pay history to support a wage or salary higher than that initially offered by the employer.
Employers affected: All employers employing six or more employees
Employers may not ask for nor rely on job applicants' salary history when deciding to offer employment, or in determining salary, benefits or other compensation during the hiring process. Employers may ask about the applicant's expectations around salary, benefits and compensation. The law's prohibitions don't apply to voluntary and unprompted disclosures of salary history information by an applicant.
Offices, departments and other divisions of the city may not inquire about an applicant's salary history, nor can they refuse to hire or otherwise retaliate against applicants for refusing to disclose salary history. The law's prohibitions do not apply to applicants for internal transfer, promotion or certain previously employed applicants.
Employers may not seek pay history, nor may they refuse to hire, interview, promote or employ applicants who do not provide pay history. Employers must provide a wage or salary range to applicants who have completed interviews for positions, and they must provide the wage or salary range or rate in certain cases of a promotion or transfer. Employers may ask applicants about their pay expectations.
New Jersey agencies and offices are prohibited from asking job applicants for their compensation history, or investigating the prior salaries of applicants.
NJ bans salary history inquiries for state employees
Effective date: Jan. 1, 2020
Employers affected: All employers
Employers may not screen applicants based on their pay history. Employers may not require that an applicant's prior wages, salaries or benefits meet minimum or maximum criteria. If an applicant voluntarily, without employer prompting or coercion, discloses pay history, an employer may verify the applicant's pay history and may also consider pay history in determining the applicant's salary, benefits and other compensation. After an offer of employment that includes an explanation of the overall compensation package has been made to the applicant, an employer may request the applicant provide the employer a written authorization to confirm pay history.
Employers affected: All agencies and departments over which the governor has executive authority, and all public benefit corporations, public authorities, boards and commission for which the governor appoints the chair, the chief executive or the majority of board members, except for the Port Authority of New York and New Jersey
State agencies and departments may not request salary history from applicants until after an offer of employment is extended. If an applicant's prior compensation is already known, that information may not be relied upon in determining such applicant's salary, unless required by law or collective bargaining agreement.
Employers may not seek pay history. An employer may only confirm pay history if, at the time an offer of employment is made, applicants or current employees respond to the offer by providing pay history to support a wage or salary higher than that offered by the employer.
Employers affected: All employers, employment agencies or employees or agents thereof
Employers in New York City are prohibited from requesting information about job applicants' previous pay or benefits. If an employer already has that information, it is prohibited from using that information to set pay.
Employers affected: Employers and employment agencies
Employers may not ask, whether on an application or otherwise, about a job applicant's wage or salary history, including compensation and benefits. Employers also may not conduct searches of publicly available records. Finally, employers may not rely on known salary history information in setting pay.
Employers affected: Employers, labor organizations, employment agencies or licensing agencies, or an employee or agent thereof
Employers may not request information about previous wages. Only under limited circ*mstances may they confirm prior pay and rely on that information in setting pay.
State agencies may not request pay history information from applicants and may not rely upon previously obtained prior salary information in setting pay.
Employers affected: Employers with 15 or more employees located within the city, including job placement and referral agencies. State and local governments are excluded, with the exception of the City of Cincinnati.
Employers may not ask applicants about their salary history and may not rely on known salary histories. Employers also must, upon reasonable request, provide a pay scale for a position for which an applicant has been provided a conditional offer of employment.
Employers affected: Employers with 15 or more employees located within the city, including job placement and referral agencies. State, local and federal governments are excluded, with the exception of the City of Columbus.
Employers may not ask applicants about their salary history. Employers may not rely solely on salary history in setting pay, benefits or other compensation except under specific circ*mstances, such as when an applicant is applying for internal transfer or promotion; an applicant discloses salary history voluntarily and unprompted; and in situations pursuant to procedures established by a collective bargaining agreement.
Employers affected: All employers located within the city that employ 15 or more employees, including referral and employment agencies, as well as the city.
Employers may not ask for nor screen job applicants based on their pay history. They may not require that an applicant's pay history, benefits or other compensation satisfy minimum or maximum criteria. Employers may, however, discuss applicants' pay expectations.
Employers affected: Any person employing one or more employees, including the state or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter
Employers may not ask about an applicants' pay history until after an offer of employment is extended. Employers also are prohibited from using prior compensation to set pay, except for current employees moving to a new position with the same employer.
Oregon is the latest state to sign pay equity into law
Pennsylvania
State-wide
Effective date: Sept. 4, 2018 (estimated)
Employers affected: State agencies
State agencies may not ask about a job applicant's current compensation or compensation history at any stage during the hiring process. All job postings must clearly disclose a position's pay scale and pay range.
Employers affected: Any person who does business in the city through employees or who employs one or more employees exclusive of parents, spouse or children, including any public agency or authority; any agency, authority or instrumentality of the state; and the city, its department, boards and commissions
On Feb. 6, 2020, the 3rd U.S. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. The City of Philadelphia announced Aug. 6 that its Commission on Human Relations (PCHR) will begin enforcing the salary history ban on Sept. 1, 2020.
Philly salary history ban enforcement to begin Sept. 1Philadelphia's salary history ban violates First Amendment, judge saysJudge throws out lawsuit against Philadelphia pay equity lawPhiladelphia puts wage equity bill on hold following suitPhiladelphia becomes first US city to ban pay history questions
Pittsburgh
Effective date: Jan. 30, 2017
Employers affected: The city or any division, department, agency or office thereof, unless specifically excluded in the law
The city's agencies and offices may not ask about an applicant's prior pay and, if they discover it, are prohibited from relying on that information unless the applicant has volunteered it.
Employers may not request applicants' pay history, but the law makes some exceptions for applicants' voluntary salary disclosures and pay corroboration that take place after a job offer has been made, according to a translation from Littler Mendelson.
Employers may not seek pay history, nor can they rely on pay history when considering an applicant for employment or determining pay. They may, however, confirm and rely on pay history after an employment offer is made to support a higher wage than initially offered. Employers also must provide a wage range for a given position.
The city will not seek pay history, nor will it rely on pay history in the determination of wages unless an applicant knowingly and willingly discloses pay history. The city will encourage vendors who do business with the city to adopt similar standards, and it may factor in vendors' pay history standards in the process of determining whether to award city contracts.
Individuals participating in a city hiring process are prohibited from asking an applicant about their salary history. If an applicant voluntarily discloses salary information, the city cannot rely on such information.
Beginning July 1, the Virginia Department of Human Resource Management will introduce an updated application for state jobs that eliminates the salary history field, according to a June 20 announcement by Gov. Ralph Northam.
Employers may not seek pay history. They may, however, confirm that information if the applicant voluntarily discloses it or if an offer has been extended.
Employers with 15 or more employees, upon request of the applicant and after extending an offer to the applicant, must provide information about the minimum salary for the position for which the applicant is applying.
Employers nationwide should look to NYC for salary history ban guidance
Employers are discussing salary earlier in the hiring process
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The following states have active salary history bans as of May 1, 2023: Alabama, California, Colorado, Connecticut, Delaware, DC, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan (state agencies), New Jersey, New York, Nevada, North Carolina (state agencies), Oregon, Pennsylvania (state agencies only), Rhode ...
The following states have active salary history bans as of May 1, 2023: Alabama, California, Colorado, Connecticut, Delaware, DC, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan (state agencies), New Jersey, New York, Nevada, North Carolina (state agencies), Oregon, Pennsylvania (state agencies only), Rhode ...
Texas Bill HB723 is scheduled to take effect on September 1, 2023, and will make it illegal to discriminate against applicants based on their requests for salary information or against those who refuse to provide salary history.
There currently are no federal laws against asking these questions, but many states and localities have enforced salary history bans to help eliminate pay discrimination. These prohibit employers from asking job candidates for information about their salary history.
Job interview: Can they ask about my salary history? California Labor Code 432.3 bars employers from asking job applicants about their salary history when applying for a position. Furthermore, the law employers are also required to provide a pay scale for the position if the applicant requests one.
An employer MAY NOT request or require an applicant to disclose wage or salary history as a condition of employment. An employer MAY NOT screen applicants based on current or prior wages or salary histories, including benefits and other compensation.
Effective January 6, 2020, Labor Law Section 194-a prohibits an employer from, either orally or in writing, personally or through an agent (directly or indirectly), asking any information concerning an applicant's salary history information. This includes compensation and benefits.
At their core, the purpose of salary history ban laws is to promote equal compensation among members of different protected classes for comparable work. Traditionally, employers have sought a job applicant's prior or current compensation information to make compensation decisions for a particular position.
Oregon's Equal Pay Act prohibits employers from shortlisting job applicants or determining compensation for new hires based on salary history. Seeking salary history from applicants or their previous employers is unlawful.
The Act prohibits employers from asking job applicants about salary history, with two exceptions: The candidate voluntarily discloses their pay; or. The employer extends an offer of employment to the candidate with stated compensation.
Effective March 1, 2024, employers in Columbus, Ohio, will be prohibited from inquiring about job applicants' wage and salary histories during the hiring process. The ordinance applies to employers with fifteen or more employees in Columbus.
State agencies may not request pay history information from applicants and may not rely upon previously obtained prior salary information in setting pay.
Under the EPEWA, employers are prohibited from seeking the wage history, or relying on the wage history of a prospective employee to determine a wage rate. Employers are also banned from requiring disclosure of wage rate as a condition of employment.
The law (Minnesota SF 2909) went into effect Jan. 1, 2024 and updated the Minnesota Human Rights Act. Minnesota is the 29th state to impose a salary history ban, which is intended to prevent employers from making compensation decisions based on an employee's prior pay history, as it can perpetuate pay inequity.
Under California's new salary history ban, employers are prohibited from seeking salary history information about an applicant "personally or through an agent." Employers may want to take action to ensure that all internal representatives revise any practices that would be in violation of the law.
The new legislation addresses aspects of the California Equal Pay Act as well. It was unclear under what circ*mstances an employer could use prior salary to justify a disparity in pay. The new legislation attempts to clarify this: "Prior salary shall not justify any disparity in compensation.
Interestingly two states, Michigan and Wisconsin, have gone the other direction. Michigan FORBIDS any of their municipalities from passing salary history bans and Wisconsin passed a law that “local governments may not prohibit employers from soliciting the salary history of prospective employees.”
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