In an attempt to reduce pay disparities, more states across the U.S. are enacting laws that forbid employers from seeking salary history information from job applicants.
But these laws vary in scope and applicability. For example, some apply only to state agencies, and others prohibit employers from relying on an employee’s pay history for setting compensation if the candidate’s salary history is discovered or volunteered.
This lack of uniformity makes compliance with salary history ban rules a tricky task for employers.
To help HR managers stay abreast of these laws, we have compiled a comprehensive list of states that have outlawed pay history questions during the hiring process. Click any state name to see its salary history ban law.
Employers affected: All
Employers affected: All
Of note: Employers must also give job applicants pay scale information if requested.
Employers affected: All
Of note: Employers may not discriminate or retaliate against candidates for not disclosing pay history.
Employers affected: All
Employers affected: All; employers’ agents
Of note: Employers may verify salary history after extending an offer.
Employers affected: All
Of note: The law does not apply to internal applicants, that is, those seeking an internal transfer or promotion with their current employer.
Employers affected: All
Of note: Employers may discuss job applicants’ salary expectations.
Employers affected: All
Of note: Employers may inquire about a job applicant’s previous salary after making an offer.
Employers affected: All
Of note: Employers may confirm salary history after extending a job offer. Employers must provide job applicants with the wage range of the position, if requested.
Employers affected: All
Of note: Employers may confirm prior pay history if volunteered by the applicant or after an employment offer has been extended.
Employers affected: All
Of note: Employers may verify salary history once a compensation offer has been extended.
Employers affected: All
Of note: Employers may only confirm pay history at the time of offer if applicants provide pay history to support a higher salary than being offered.
Employers affected: State agencies
Employers affected: All
Of note: Employers may use previous salary information for existing employees moving to a new position within the organization.
Employers affected: State agencies
Of note: All posted jobs must clearly disclose pay scale/range.
Employers affected: All
Of note: Employers may confirm and rely on pay history after an employment offer is made to support a higher wage than that initially offered. Additionally, employers are required to make pay scale disclosures.
Employers affected: All
Employers affected: State agencies
Employers affected: All
Of note: Employers may confirm previous salary information if the applicant voluntarily discloses it or if an offer has been extended. Also, employers with 15 or more employees are mandated to provide the minimum salary information for the position upon the applicant’s request.
