A current list of states and that have banned pay history questions

State and local governments continue to adopt laws and regulations that prohibit employers from soliciting salary history details from candidates.

The goal of the laws is to address pay discrimination, while some also prohibit an employer from relying on an applicant’s pay history to create compensation plans.

Below is a list of the states, cities and other jurisdictions that have created bans, and the details of each law’s specifics, its effective date and a link to the original law.

  • State-wide Bans:11
  • Local Bans:9

CALIFORNIA

State-wide

Effective Date: Jan. 1, 2018

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 employer to give applicants pay scale information if they request it.

View the law

View amendments

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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.

View the law

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CONNECTICUT

State-wide

Effective Date: Jan. 1, 2019

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.

View the law

DELAWARE

State-wide

Effective Date: Dec. 14, 2017

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.

View the law

HAWAII

State-wide

Effective Date: Jan. 1, 2019

Employers Affected: All employers, employment agencies and employees 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.

View the law

ILLINOIS

Chicago

Effective Date: April 10, 2018

Employers Affected: City departments

City departments may not ask for applicants’ salary histories.

View the order

KENTUCKY

Louisville

Effective Date: May 17, 2018

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.

View the law

LOUISIANA

New Orleans

Effective Date: Jan. 25, 2017

Employers Affected: City departments

City agencies may not ask for applicants’ salary histories.

View the order

MASSACHUSETTS

State-wide

Effective Date: July 1, 2018

Effective Date: 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.

View the law

MICHIGAN

State-wide

Effective Date: June 24, 2018 (estimated)

Employers Affected: None

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

MISSOURI

Kansas City

Effective Date: July 26, 2018

Employers Affected: The city

The city may not ask applicants for their pay history until they have been hired at an agreed-upon salary.

View the law

NEW JERSEY

State-wide

Effective Date: Feb. 1, 2018

Employers Affected: State entities

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

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NEW YORK

State-wide

Effective Date: Jan. 9, 2017

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.

View the law

New York City

Effective Date: Oct. 31, 2017

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.

View the law

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Albany County

Effective Date: Dec. 17, 2017

Employers Affected: All employers and employment agencies

Employers are barred from requesting information about past compensation and benefits until after a job offer is made.

View the law

Westchester County

Effective Date: July 9, 2018

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 circumstances may they confirm prior pay and rely on that information in setting pay.

View the law

OREGON

State-wide

Effective Date: Oct. 6, 2017

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.

View the law

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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.

View the law

Philadelphia

Effective Date: TBD

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

Philadelphia’s salary history ban remains on hold while a judge considers a legal challenge to the regulations.

View the regulations

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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.

View the law

PUERTO RICO

Commonwealth-wide

Effective Date: March 8, 2017

Employers Affected: All employers

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.

View the law

VERMONT

State-wide

Effective Date: July 1, 2018

Employers Affected: All employers

Employers may not request applicants’ pay history. If that information is volunteered, employers may only confirm it after a job offer has been made.

View the law

WISCONSIN

State-wide

Effective Date: April 18, 2018

Employers Affected: None

Local governments may not prohibit employers from soliciting the salary history of prospective employees.

View the law

Posted by Will Rubio

One Comment

  1. The last one, Wisconsin, reads like the opposite. It seems to say the salary question can’t be prohibited.

    Reply

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