Ban on Inquiring About Salary History

To address gender disparity related to pay, several states and local governments have prohibited employers asking candidate and their employers about their salary history.

California Labor Code Section 432.3 prohibits employers from requesting salary history.  Additionally, California employers must provide the range salary of an open position when requested by candidates.

Connecticut Public Act No. 18-8, “An Act Concerning Pay Equity, Delaware H.B. 1, Hawaii S.B. 2351, Massachusetts Pay Equity Act, Oregon Equal Pay Act of 2017, Vermont H. 294 all prohibit employers from asking the salary history of job applicants.  

Local governments banning inquiries into salary history include Philadelphia, Puerto Rico, and San Francisco.  While the State of New York law prohibiting questions related to compensation doesn’t take effect until January 6, 2020, currently New York City along with Suffolk and Winchester Counties do have regulations prohibiting those questions now.