Salary History Bans

Salary History Bans

 

The impacts of income inequality in the United States affect historically disadvantaged groups more than others. These categories of people statistically receive less pay due to their gender, race, and low socioeconomic status even if they are equally or more qualified than other applicants.

In more recent efforts to eliminate possibilities of inequality in pay, local and state governments across the country are beginning to enact laws that ban potential employers from seeking out the salary history of job applicants. The intent for these laws is to remove potential prejudice that may influence an employer’s decision to pay a fair wage or even consider an applicant for the position.

It’s crucial to know as both an employer and a potential employee what information can legally be disclosed throughout the hiring process. As of August 2019, there are 17 state-wide and 16 local bans in place that prohibit employers from requesting an applicant’s salary history and past wages. This guide offers you a full list of states, cities, and counties with active bans in place.

State-wide

Effective Date: Sept. 1, 2019
“Employers may not refuse to hire, interview, promote or employ a job applicant based on the applicant’s decision not to provide pay history.”

Read law external-link-symbol

State-wide

None.

State-wide

None.

State-wide

None.

State-wide

“An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.”

Read law external-link-symbol

 

San Francisco

“Employers may not disclose the salary history of a current or former employee to that person’s prospective employer without written permission from that employee. Employers may not retaliate against applicants who do not disclose salary history information.”

Read law external-link-symbol

State-wide

“An employer shall not: Seek the wage rate history of a prospective employee or rely on the wage rate history of a prospective employee to determine a wage rate; discriminate or retaliate against a prospective employee for failing to disclose the prospective employee’s wage rate history; discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with an employee or other person because the employee or person inquired about, disclosed, compared, or otherwise discussed the employee’s wage rate.”

Read law external-link-symbol

State-wide

“No employer shall: Inquire or direct a third party to inquire about a prospective employee’s wage and salary history unless a prospective employee has voluntarily disclosed such information, except that this subdivision shall not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes.”

Read law external-link-symbol

State-wide

“It shall be an unlawful employment practice for an employer or an employer’s agent to: (1) Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria. (2) Seek the compensation history of an applicant from the applicant or a current or former employer.”

Read law external-link-symbol Section: 709B A-H

State-wide

None.

State-wide

“No employer shall rely on the salary history of an applicant in determining the wages, benefits, or other compensation for such applicant during the initial hiring process, including the negotiation of an employment contract. This subsection shall not apply to an internal transfer or promotion with the applicant’s current employer.”

Read law external-link-symbol

State-wide

“No employer, employment agency, or employee or agent thereof shall: inquire about the salary history of an applicant for employment; or rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.

This section shall not apply to: applicant for internal transfer or promotion with their current employer; any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant’s disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant’s salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.”

Read law external-link-symbol

State-wide

None.

State-wide

Effective Date: Sept. 29, 2019
“It is unlawful for an employer or employment agency, or employee or agent thereof, to (1) screen job applicants based on their current or prior wages or salary histories, wage or salary histories, including benefits or other compensation, by requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria, (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation.”

Read law external-link-symbol

 

Chicago

“No City department shall seek the wage or salary history, including benefits or other compensation, of any job applicant from any current of former employer.”

Read law external-link-symbol

State-wide

None.

State-wide

None.

State-wide

None.

Louisville

“Except as otherwise provided by state and federal law, Louisville Metro shall not: Inquire about an Applicant’s Salary History; or refuse to hire, or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary History to Louisville Metro. Notwithstanding of this section, if an Applicant voluntarily and without prompting discloses Salary History to Louisville Metro, Louisville Metro may verify the applicant’s Salary History after such Applicant is offered employment, including a compensation amount, with Louisville Metro.”

Read law external-link-symbol

New Orleans

“Executive Order MJL 17-01 “prohibits inquiries about a candidate’s salary history during the application and interview process.”

Read law external-link-symbol

State-wide

“No employer, employment agency, or employee or agent thereof shall: inquire about the salary history of an applicant for employment; or rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.

This section shall not apply to: applicant for internal transfer or promotion with their current employer; any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant’s disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant’s salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.”

Read law external-link-symbol

Montgomery County

“The County must not consider or rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant or determining pay. This section does not prohibit: the County from relying on salary history voluntarily provided by the applicant to pay the applicant a higher wage than initially offered, if reliance on salary history does not result in unequal pay for equal work based on gender.”

Read law external-link-symbol

State-wide

“It shall be an unlawful practice for an employer to: require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee’s own wages, or about any other employee’s wages. Nothing in this subsection shall obligate an employer to disclose an employee’s wages to another employee or a third party; seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee’s prior wage or salary history meet certain criteria.”

Read law external-link-symbol

State-wide

Salary History Ban Prohibited: “A local governmental body shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating information an employer or potential employer must request, require, or exclude on an application for employment or during the interview process from an employee or a potential employee.”

Read law external-link-symbol

State-wide

None.

Jackson

“Applications for employment with the City of Jackson, Mississippi shall not contain inquiries regarding prior salary history.”

Read law external-link-symbol

Kansas City

Effective Date: Oct. 31, 2019
“That the City Manager shall revise the City’s employment application to eliminate the field requiring disclosure of past salary history.”

Read law external-link-symbol

“It shall be unlawful for an employer or agent to: inquire about the salary history of an applicant for employment; or screen job applicants based on their current or prior wages, benefits, or other compensation, or salary histories, including requiring that an applicant’s prior wages, benefits, other compensation or salary history satisfy minimum or maximum criteria.

The prohibitions of this section shall not apply to: applicants for internal transfer or promotion with their current employer, a voluntary and unprompted disclosure of salary history information by an applicant, applicants who are re-hired by the employer within five years of the applicant’s most recent date of termination from employment by the employer, provided that the employer already has past salary history data regarding the applicant from the previous employment of applicant.”

Read law external-link-symbol

State-wide

None.

State-wide

None.

State-wide

None.

State-wide

Effective Date: Jan. 1, 2020
“It shall be an unlawful employment practice for any employer: to screen a job applicant based on the applicant’s salary history, including, but not limited to, the applicant’s prior wages, salaries or benefits; or to require that the applicant’s salary history satisfy any minimum or maximum criteria.

Notwithstanding the provisions of this section, an employer may: request that an applicant provide the employer with a written authorization to confirm salary history, including, but not limited to, the applicant’s compensation and benefits, after an offer of employment that includes an explanation of the overall compensation package has been made to the applicant.”

Read law external-link-symbol

State-wide

None.

State-wide

Effective Date: Jan. 6, 2020
“No employer shall: rely on the wage or salary history of an applicant in determining whether to offer employment to such individual or in determining the wages or salary for such individual; orally or in writing seek, request, or require the wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of employment or promotion.”

Read law external-link-symbol

 

Suffolk County

“Unlawful for any employer, employment agency, employee or agent thereof to inquire, whether in any form of application or otherwise, about a job applicant’s wage or salary history, including but not limited to, compensation and benefits. For purposes of this subdivision, “to inquire” means to ask an applicant or former employer orally, or in writing or otherwise or to conduct a search of publicly available records or reports.”

Read law external-link-symbol

 

Westchester County

“The law provides that it shall, in certain circumstances, be an unlawful discriminatory practice to rely upon, request, or seek the wage history of a prospective employee.”

Read law external-link-symbol

 

Albany County

“It shall be an unlawful practice for an employer or an employment agency to: screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant’s prior wages, including benefits or other compensation or salary history, satisfy minimum or maximum criteria.”

Read law external-link-symbol

 

New York City

“This bill would prohibit employers from inquiring about a prospective employee’s salary history during all stages of the employment process. In the event that an employer is already aware of a prospective employee’s salary history, this bill would prohibit reliance on that information in the determination of salary.”

Read law external-link-symbol

State-wide

“State Agencies are prohibited from requesting salary history from applicants. State Agencies may not rely upon previously obtained prior salary information in determining an applicant’s salary.”

Read law external-link-symbol

State-wide

None.

Toledo

Effective Date: June 25, 2020
“It is an unlawful discriminatory practice for an Employer to: inquire about the Salary History of an Applicant for Employment; or screen job Applicants based on their current or prior wages, benefits, other compensation, or Salary Histories, including requiring that an Applicant’s prior wages, benefits, other compensation or Salary History satisfy minimum or maximum criteria; or refuse to hire or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary history to an Employer.”

Read law external-link-symbol

 

Cincinnati

Effective Date: March 2020
“It is an unlawful discriminatory practice for an employer or its agent to: inquire about the salary history of an applicant for employment; or screen job applicants based on their current or prior wages, benefits, other compensation, or salary histories, including requiring that an applicant’s prior wages, benefits, or other compensation or salary history satisfy minimum or maximum criteria; or refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to an employer.”

Read law external-link-symbol

State-wide

None.

State-wide

“It is unlawful for an employer to “Screen job applicants based on current or past compensation,” or “Determine compensation for a position based on current or past compensation of a prospective employee. This paragraph is not intended to prevent an employer from considering the compensation of a current employee of the employer during a transfer, move or hire of the employee to a new position with the same employer.””

Read law external-link-symbol

State-wide

“Commonwealth agencies under the Governor’s jurisdiction shall not inquire about a job applicant’s current compensation or compensation history at any stage during the hiring process. Applicants are not prevented from volunteering information about their current compensation level or salary history in negotiating a salary; however, no agency can request that an applicant disclose current salary or salary history information. In addition, applicants can refuse to disclose current compensation level and/or history without negative repercussions by the agency in its employment decisions.”

Read law external-link-symbol

 

Pittsburgh

“The City shall refrain from the following: inquiring about an applicant’s wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history, or retaliate against an applicant for failing to comply with any wage history inquiry or for otherwise opposing any act made unlawful by this section.”

Read law external-link-symbol

State-wide

None.

Richland County

“So that Richland County remove the salary history question on employment applications in an effort to ensure fair hiring practices. The mandated change should apply to employment applications in print and online and the salary history question should also be removed from verbal interviews and employment screenings.”

Read law external-link-symbol

State-wide

None.

State-wide

None.

State-wide

None.

Salt Lake City

“Individuals participating in a city hiring process (including, but not limited to, hiring managers, members of interview panels, and employees of the Human Resources Department) are prohibited from asking an applicant about their current salary or past salary history. If an applicant voluntarily discloses current or past salary information, the city will not rely on such information as the basis for any salary offer it may make.”

Read law external-link-symbol

State-wide

“This act prohibits employers from inquiring about a prospective employee’s current or past compensation, requiring that a prospective employee’s compensation satisfy certain criteria, or determining whether to interview a prospective employee based on his or her current or past compensation. This act permits an employer to confirm voluntarily disclosed information about a prospective employee’s current or past compensation after the employer has made an offer of employment with compensation.”

Read law external-link-symbol

State-wide

None.

State-wide

“An employer may not: seek the wage or salary history of an applicant for employment from the applicant or a current or former employer; or require that an applicant’s prior wage or salary history meet certain criteria, except as provided in subsection (2) of this section.

(2) An employer may confirm an applicant’s wage or salary history: if the applicant has voluntarily disclosed the applicant’s wage or salary history, or after the employer has negotiated and made an offer of employment with compensation to the applicant.”

Read Law external-link-symbol

State-wide

None.

State-wide

Salary History Ban Prohibited: “No city, village, town, or county may enact or enforce an ordinance prohibiting an employer from soliciting information regarding the salary history of prospective employees.”

Read law external-link-symbol

State-wide

None.