What you need to know before revealing your salary history
Many state and local governments in the U.S. have now adopted laws and regulations that have banned employers from requesting the salary history information of job applicants.
At the time of application, your skills and abilities are different —probably stronger and more marketable—than when your salary history was established, said Michele Dye, founder of Dyenamic Career Goals. Salary history bans require employers to look past your pay history and focus on your market rate, skills, knowledge and abilities, as well as your education and experience.
“With an already existing pay gap between men and women, and an even wider gap for women of color, salary history regulations protect those stuck in the cycle of being underpaid,” Dye said.
These laws prevent employers from using an applicant’s pay history to draw up an offer and is another way companies can work to close the gender pay gap.
There are currently 21 statewide salary history bans (including U.S territory Puerto Rico) and 21 local bans.
States and Localities with Salary History Bans
Key
Salary history ban enacted
Salary history bans prohibited
ALABAMA
Statewide
Effective Sept. 1, 2019
Prohibits employers from refusing to interview, hire, promote, or employ an applicant for their decision not to provide wage history.
CALIFORNIA
Statewide
Effective Jan. 1, 2018
Prohibits an employer from asking candidates for their pay history.
Prohibits an employer from relying on the salary history of an applicant to determine whether to offer employment to an applicant or what salary to offer them.
Requires an employer to provide the pay scale for a position to an applicant if requested.
COLORADO
Statewide
Effective Jan. 1, 2021
Prohibits employers from seeking an applicant’s wage history.
Prohibits employers from relying on an applicant’s wage history in determining wages.
Prohibits employers from discriminating or retaliating against an application for not disclosing their wage history.
CONNECTICUT
Statewide
Effective Jan. 1, 2019
Prohibits employers from asking for a candidate's pay history unless it was voluntarily disclosed.
DELAWARE
Statewide
Effective Dec. 14, 2017
Prohibits an employer from screening applicants based on their compensation history.
Prohibits an employer from seeking the applicant’s compensation history.
Allows an employer to seek the applicant’s compensation history after an offer is extended.
DISTRICT OF COLUMBIA
District-wide
Effective Dec. 14, 2017
Prohibits district government agencies from request a candidate’s pay history unless it is provided by the applicant after an offer has been extended.
GEORGIA
Atlanta
Effective Feb. 18, 2019
Prohibits city departments from asking job applicants about their compensation history.
HAWAI’I
Statewide
Effective Jan. 1, 2019
Prohibits employers from asking about an applicant’s salary history and cannot be factored into the hiring decision unless volunteered by the applicant (does not apply to internal applicants).
ILLINOIS
Statewide
Effective Sept. 29, 2019
Prohibits employers from seeking pay history, benefits, or other compensation.
Allows employers to discuss applicants' pay expectations.
KENTUCKY
Louisville
Effective May 17, 2018
Prohibits city officials from asking for an applicant’s salary history
LOUISIANA
New Orleans
Effective Oct. 1, 2019
Prohibits the city from seeking pay history or screening applicants based on their pay history.
Prohibits the city from relying on pay history to determine wages or whether to offer an applicant employment.
Allows an applicant to offer pay history to negotiate a higher salary once an employment offer has been extended.
MAINE
Statewide
Effective Sept. 17, 2019
Prohibits employers from seeking information about a prospective employee’s pay history until a job offer has been negotiated with the applicant.
MARYLAND
Statewide
Effective Oct. 1, 2020
Prohibits employers from seeking an applicant’s pay history.
Allows employers to confirm an applicant’s voluntarily offered wage history once they have received an initial offer of employment or compensation.
Requires employers to provide the wage range of a position to an applicant upon their request.
MASSACHUSETTS
Statewide
Effective July 1, 2018
Prohibits employers from requesting an applicant’s salary history information.
Allows employers to confirm an applicant’s pay history only if volunteered or if a job offer has been established.
MICHIGAN
Statewide
Effective June 24, 2018
Prohibits salary history bans in the state.
Prohibits local government from regulating the information that employers must request, require, or exclude on a job application during the interview process.
MISSISSIPPI
Jackson
Effective June 13, 2019
Prohibits applications for city employment from inquiring about salary history.
MISSOURI
Kansas City
Effective July 26, 2018
Prohibits the city from asking for an applicant’s pay history unless they have been offered employment at an agreed-upon salary.
Effective Oct. 31, 2019
Prohibits employers from asking for or relying on a job applicant’s salary history when deciding whether to offer employment or what an applicant’s pay, benefits, or other compensation.
Allows employers to ask about the applicant’s expectations surrounding salary, benefits and compensation.
Does not prohibit voluntary disclosure of salary history by an applicant.
St. Louis
Effective March 11, 2020
Prohibits offices, departments, and other divisions of the city from inquiring about an applicant’s salary history.
Prohibits the city from refusing to hire or retaliating against a potential employee for choosing not to disclose salary history.
Does not apply to transfers, promotions, or previously employed applicants.
NEVADA
Statewide
Effective Oct. 1, 2021
Prohibits employers from seeking pay history from applicants.
Prohibits employers from refusing to hire, interview, and promote applicants who chose not to disclose pay history.
Requires employers to provide a salary range to applicants who have completed interviews for positions and in cases of promotion or transfer.
Allows employers to ask applicants about their pay expectations.
NEW JERSEY
Statewide
Effective Feb. 1, 2018
Prohibits New Jersey agencies and offices from requesting compensation history from applicants or investigating their prior salaries.
Effective Jan. 1, 2020
Prohibits employers from screening applicants based on their pay history.
Prohibits employers from requiring that an applicant’s wages, salaries, or benefits meet a certain minimum or maximum criteria.
Allows employers to verify and consider an applicant’s pay history in determining their salary, benefits, and compensation if an applicant provides it voluntarily.
Allows employers to request that the applicant provide a written authorization to confirm pay history after an offer of employment and explanation of the compensation package has been extended.
NEW YORK
Statewide
Effective Jan. 9, 2017
Prohibits state agencies and departments from requesting applicant’s salary history until after an offer of employment has been extended. An applicant's prior compensation imay not be relied upon in determining the applicant's salary, unless required by law or collective bargaining agreement.
Effective Jan. 6, 2020
Prohibits employers from seeking pay history.
Allows an employer to confirm pay history if the applicant or current employee responds to a job offer by providing pay history to request a wage or salary higher than that offered.
NORTH CAROLINA
Statewide
Effective April 2, 2019
Prohibits state agencies from requesting an applicant’s pay history.
Prohibits state agencies from relying on previously obtained salary information in determining pay.
OHIO
Cincinnati
Effective March 20 (estimated)
Prohibits employers from asking applicants about their salary history.
Requires employers, upon reasonable request, to provide a pay scale for a position once an offer has been extended.
Toledo
Effective June 25, 2020
Prohibits employers from asking for or screening job applicants based on their pay history.
Prohibits employers from requiring that an applicant’s pay history, benefits, or other compensation meet a mandatory minimum or maximum criteria.
Allows employers to discuss applicant’s pay expectations.
OREGON
Statewide
Effective Oct. 6, 2017
Prohibits employers from asking about an applicants' pay history until after an offer of employment has been extended.
Prohibits employers from using pay history to set pay, excluding current employees moving to a new position with the same employer.
PENNSYLVANIA
Statewide
Effective Oct. 6, 2017
Prohibits state agencies from asking about a job applicant's compensation history during the hiring process.
Requires that all job postings clearly disclose a position's pay scale and pay range.
PUERTO RICO
Territory-wide
Effective Oct. 6, 2017
Prohibits employers from requesting an applicant’s pay history, with exceptions for voluntary salary disclosures and pay corroboration after a job offer has been extended.
RHODE ISLAND
Statewide
Effective Oct. 6, 2017
Prohibits employers from seeking an applicant’s pay history.
Prohibits employers from relying on pay history when making hiring and pay decisions.
Allows employers to confirm and rely on pay history after an employment offer is made to support a higher wage.
Requires that employers provide a wage range for a given position.
SOUTH CAROLINA
Columbia
Effective Aug. 6, 2019
Prohibits the city from seeking pay history.
Prohibits the city from relying on pay history to determine wages unless an applicant voluntarily discloses their pay history.
Richland County
Effective May 23, 2019
Removes the salary history question from employment applications, verbal interviews and employment.
UTAH
Salt Lake City
Effective March 1, 2018
Prohibits employers from asking an applicant about their salary history.
Prohibits the city from relying on an applicant’s salary information if an applicant voluntarily discloses it.
VERMONT
Statewide
Effective July 1, 2018
Prohibits employers from requesting applicants' pay history.
Allows employers to confirm applicant’s pay history after a job offer has been made if that information is volunteered.
VIRGINIA
Statewide
Effective July 1, 2019
Introduces an updated application for state jobs that eliminates the salary history field.
WASHINGTON
Statewide
Effective July 28, 2019
Prohibits employers from seeking pay history.
Allows employers to confirm an applicant’s pay history if the applicant voluntarily discloses it or if an offer has been extended.
Requires that employers with 15 or more employees provide information about the minimum salary for the position for which the applicant is applying if requested and after an offer has been extended.
WISCONSIN
Statewide
Effective April 18, 2018
Prohibits local governments from not allowing employers to solicit the salary history of prospective employees.
