Salary History Bans: What You Need to Know

Salary history bans have transformed how employers and candidates discuss compensation during the hiring process. These laws prohibit employers from asking about a candidate's previous salary, fundamentally changing negotiation dynamics across much of the United States.

Understanding these protections is essential whether you're job searching, hiring, or simply interested in fair pay practices.

What Are Salary History Bans?

Salary history bans are laws that restrict or prohibit employers from asking job applicants about their current or past compensation. The premise is straightforward: if employers base new salary offers on previous earnings, pay inequities perpetuate from job to job, particularly affecting women and minorities who have historically been underpaid.

These laws typically prohibit:

Some laws also require employers to provide salary ranges for positions, increasing transparency on both sides of the negotiation.

States with Salary History Bans

As of 2024, the following states have enacted some form of salary history ban:

Comprehensive Bans (All Employers)

California: Prohibits all employers from seeking salary history and requires disclosure of pay scale upon request.

Colorado: Bans salary history inquiries and requires employers to include compensation in job postings.

Connecticut: Prohibits salary history questions and requires employers to disclose wage ranges.

Delaware: Prohibits salary history screening of applicants.

Hawaii: Prohibits employers from seeking salary history information.

Illinois: Bans salary history inquiries for all employers.

Maine: Prohibits employers from seeking salary history.

Maryland: Prohibits requesting wage history before making an offer.

Massachusetts: Bans employers from seeking salary history before making an offer.

Nevada: Prohibits seeking salary history and requires disclosure of pay ranges.

New Jersey: Prohibits employers from screening applicants based on salary history.

New York: Statewide ban on salary history inquiries for all employers.

Oregon: Prohibits employers from seeking salary history information.

Rhode Island: Prohibits salary history inquiries and requires wage range disclosure.

Vermont: Prohibits employers from seeking salary history.

Washington: Bans salary history inquiries and requires wage disclosure in job postings.

Public Employer Bans Only

Some states have bans that apply only to state government employers:

City and County Bans

Numerous cities have enacted their own salary history bans, including:

Why These Bans Exist

Salary history bans address several interconnected issues:

Perpetuating Pay Gaps

Research consistently shows that women and minorities earn less than white men for equivalent work. According to the Bureau of Labor Statistics, women earned 83.7% of what men earned for full-time work in 2023. When employers base new offers on previous salaries, these disparities compound over time.

A woman who was underpaid by $5,000 early in her career might be underpaid by $25,000+ by mid-career if each employer adds a percentage to her previous salary rather than offering market rate.

Anchoring Effect

In negotiation psychology, the first number mentioned becomes an anchor that influences all subsequent discussion. When candidates must disclose salary history, their previous compensation anchors the negotiation, often resulting in offers based on history rather than the role's market value.

Equal Pay for Equal Work

These laws support the principle that compensation should reflect the job's value and the candidate's qualifications, not their bargaining position or past discrimination they may have faced.

How to Handle Salary History Questions

Despite widespread bans, you may still encounter salary history questions, either from employers in jurisdictions without bans or from those unaware of applicable laws.

In States with Bans

If asked about salary history in a state or city with a ban:

Polite Decline: "I understand that [State/City] law prevents me from being required to disclose salary history. I'd prefer to focus on the value I can bring to this role and discuss compensation based on the position's requirements."

Redirect to Market Value: "I'm not comfortable sharing salary history, but I've researched market rates for this role and am looking for compensation in the $X-$Y range."

Reference the Law: If the employer persists, you can directly cite the applicable law. Most employers will respect this once reminded of their legal obligations.

In States Without Bans

Where no legal protection exists, you still have options:

Deflect Professionally: "I prefer to keep my compensation history confidential, but I'm happy to discuss salary expectations based on this role's requirements."

Provide a Range: "My recent compensation has been in the competitive range for my experience level, and I'm looking for $X-$Y for this opportunity."

Focus on Value: "I'd rather discuss what compensation makes sense for this specific role and what I can contribute, rather than anchoring on past positions that may have had different responsibilities."

Negotiating Without History

Salary history bans create opportunity for more effective negotiation focused on value rather than history.

Research Market Rates

Use multiple sources to understand competitive compensation:

Knowing the market range gives you confidence to negotiate without relying on past compensation as justification.

Quantify Your Value

Prepare specific examples of your contributions:

Concrete achievements provide stronger justification than salary history for premium compensation.

Understand Total Compensation

Consider all elements of compensation:

A lower base salary with strong equity or bonus potential may exceed a higher base elsewhere.

What Employers Can and Cannot Ask

Understanding employer limitations helps you navigate these conversations:

Typically Prohibited

Usually Permitted

Voluntary Disclosure

Most laws do not prevent you from voluntarily sharing salary history. However, consider carefully before doing so, as the information may anchor negotiations below market rate.

Your Rights

If you believe an employer has violated salary history ban laws:

Document the Interaction

Record dates, questions asked, and who asked them. Save any written communications requesting salary history.

Report Violations

Most state labor departments accept complaints about salary history violations. Cities with their own laws often have local enforcement mechanisms.

Understand Remedies

Depending on jurisdiction, remedies may include:

Know Limitations

Some laws apply only after a conditional offer is extended, while others apply throughout the application process. Understand the specific protections in your jurisdiction.

The Future of Pay Transparency

Salary history bans are part of a broader movement toward pay transparency:

Expanding Coverage

More states and cities adopt these protections each year. Federal legislation has been proposed, though not yet enacted.

Pay Range Requirements

Many jurisdictions now require employers to disclose salary ranges in job postings or upon request, further shifting power dynamics in compensation negotiations.

Employer Adaptation

Forward-thinking employers are voluntarily eliminating salary history questions and posting pay ranges, recognizing that transparency attracts quality candidates and reduces legal risk.

Key Takeaways

1. Know your jurisdiction's laws: Check state, city, and county regulations that may protect you.

2. Be prepared to decline: Even where legal, declining to share history is professional and acceptable.

3. Focus on value: Negotiate based on market rates and your contributions, not past compensation.

4. Document violations: If employers violate applicable laws, document the interaction and consider reporting.

5. Embrace transparency: Use these laws to have more productive compensation conversations focused on fair market value.

Salary history bans represent a significant shift toward pay equity. Understanding and utilizing these protections can help you secure compensation that reflects your true market value, regardless of past circumstances.