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.
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 employer to give applicants pay scale information if they request it.View the law
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.View the law
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.View the law
City departments may not ask for applicants’ salary histories.View the order
City agencies may not ask for applicants’ salary histories.View the order
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.View the law
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.View the law
New Jersey agencies and offices are prohibited from asking job applicants for their compensation history, or investigating the prior salaries of applicants.View the order
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.View the law
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.View the law
Employers are barred from requesting information about past compensation and benefits until after a job offer is made.View the law
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.View the law
Philadelphia's salary history ban remains on hold while a judge considers a legal challenge to the regulations.View the regulations
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.View the law
Local governments may not prohibit employers from soliciting the salary history of prospective employees.View the law