Research Summary: In the past, it’s been common for states to request a job applicant’s salary history. This knowledge would typically be used to exclude candidates with low salaries, who may be seen as inexperienced, or to gauge whether or not an expensive employee is worth investing in.
However, this process can perpetuate inequality and cause pay disparity between different demographics. For this reason, asking for salary history is becoming increasingly unpopular.
Luckily, just over half of all US states, 28 to be exact, have opted to enact laws that either ban asking for salary history altogether or ban employers from using that information against potential employees.
With that in mind, we’ve investigated all of the essential facts about salary history bans in the US, and according to our extensive research, these are all of the states with related laws:
| State | Effective | Employers Affected | Location | Law |
|---|---|---|---|---|
| Alabama | 2019 | All employers | Statewide | Job applicants are not required to provide salary history when requested, and employers cannot refuse to hire, interview, promote or employ them based on that refusal. |
| California | 2018 | All employers | Statewide |
Employers cannot seek pay history, and even if the information is already known, it can’t be used to determine pay or to screen applicants.
Employers must give applicants pay scale information if they request it. |
| Colorado | 2021 | All employers | Statewide |
Employers cannot request salary history, and even if the information is already known, it can’t be used to determine pay.
Employers also cannot discriminate or retaliate against applicants who have not disclosed their salary history. |
| Connecticut | 2019 | All employers | Statewide | Employers cannot request information about a job applicant’s salary history unless it was voluntarily disclosed. |
| Delaware | 2017 | All employers | Statewide |
Employers cannot request salary history, and even if the information is already known, it can’t be used to screen applicants.
Employers can verify salary after extending an offer. |
| Georgia | 2019 | City agencies | Atlanta | City agencies cannot ask for salary history on applications, during interviews, or during employment screenings. |
| Hawaii | 2019 | All employers | Statewide | Employers cannot request pay history and can only use the information if the applicant volunteers it. |
| Illinois | 2019 | All employers | Statewide | Employers cannot seek pay history and can only discuss an applicant’s pay expectations. |
| Kentucky | 2018 | Government offices and agencies | Louisville | City offices cannot request an applicant’s salary history. |
| Louisiana | 2017 | City departments | New Orleans | City offices cannot seek salary history, but applicants may provide that information to negotiate a higher salary after an offer is made. |
| Maine | 2019 | All employers | Statewide | Employers cannot seek an applicant’s salary history until after a job offer is made. |
| Maryland | 2020 | All employers | Statewide |
Employers can confirm voluntarily provided salary history once a job offer is made.
Employers cannot retaliate against applicants who choose not to provide their salary history. |
| Massachusetts | 2018 | All employers | Statewide | Employers cannot request salary history, but they can confirm it if the applicant volunteers or if they’ve extended a job offer. |
| Michigan | 2018 | State departments | Statewide |
State offices can’t request pay history or search public records for it until a conditional employment offer is made.
Salary history cannot be used to screen applicants. |
| Mississippi | 2019 | City offices | Jackson | City offices cannot request salary history. |
| Missouri | 2019 | All employers with over six employees, City offices | Kansas City, St. Louis |
Kansas City: City offices cannot request pay history until the applicant has been hired but can discuss pay expectations.
St. Louis: City offices cannot request salary history or screen out applicants who choose not to disclose that information. |
| Nevada | 2021 | All employers | Statewide | Employers cannot seek salary history or screen applicants who choose not to provide it. |
| New Jersey | 2018 | All employers | Statewide |
Employers cannot require applicants to meet specific salary history criteria and cannot screen applicants based on salary history.
Employers may confirm salary history after a job offer is made. |
| New York | 2020 | All employers | Statewide | Employers cannot seek salary history, and salary history can only be confirmed if an applicant uses it to seek higher pay after being hired. |
| North Carolina | 2019 | State agencies | Statewide | State agencies cannot request salary history, and even if the information is already known, it can’t be used to determine pay. |
| Ohio | 2020 | All employers with 15+ employees | Cincinnati, Toledo |
Cincinnati: Employers cannot request salary history and are required to provide a pay scale after a job offer is made.
Toledo: Employers can discuss an applicant’s pay expectations but cannot ask for salary history or require applicants to meet specific salary history criteria. |
| Oregon | 2017 | All employers | Statewide | Employers cannot request pay history until a job offer has been made and cannot use salary history to set pay, except for existing employees moving to a new role. |
| Pennsylvania | 2017 | State agencies, City offices and agencies | Statewide |
State agencies and city offices (Pittsburgh) may not request salary history.
All job postings must clearly disclose a position’s pay scale and pay range. |
| Rhode Island | 2023 | All employers | Statewide |
Employers cannot request salary history, and even if the information is already known, it can’t be used to determine pay.
Employers can confirm pay history after a job offer is made to support a higher wage than initially offered. |
| South Carolina | 2019 | City agencies, County offices | Columbia, Richland County |
Columbia: City agencies cannot use pay history unless the applicant voluntarily provides it.
Richland County: Pay history questions will not be included in applications, interviews, and employment screenings. |
| Utah | 2018 | City offices | Salt Lake City | City offices cannot ask an applicant about their salary history, and even if the applicant voluntarily provides the information, it can’t be used to determine pay. |
| Vermont | 2018 | All employers | Statewide | Employers cannot request salary history and can only confirm information after a job offer if it is volunteered. |
| Virginia | 2019 | State agencies | Statewide | Salary history information has been removed from state applications. |
| Washington | 2019 | All employers | Statewide |
Employers cannot request salary history but can confirm voluntarily disclosed information during the hiring process.
After a job is offered, employers with 15+ employees must provide the minimum salary for the position. |
Salary History Ban Trends
Salary history bans are a fairly new phenomenon that’s been taking the country by storm. For example, just five years ago, there were only four states that had salary history bans, and now more than half of all states have adopted similar policies.
Overall, despite the earliest salary history ban law being enacted only five years ago on January 9th, 2017, by New York, a swath of states have come forward with their own laws. In 2019 alone, 15 states enacted new salary history ban laws.
Plus, more states will likely follow. In 2023, Rhode Island’s new salary history ban law will go into effect.
Results of Paid Family Leave
The main goal of salary history bans is to provide applicants with equal opportunity and ensure that they’re paid the same regardless of their gender, race, sexual orientation, religion, etc. In this regard, salary history bans are actually quite effective. For example:
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Women earn an average of 8.5% more after salary history bans are enacted.
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States with salary history bans reduce their gender pay gap by an average of 2%.
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Black men and women earn an average of 16% and 14% more, respectively, after salary history bans are enacted.
Salary History Ban FAQ
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Do salary history bans limit discrimination?
Salary history bans help to limit discrimination by providing more equal opportunities and outcomes for historically marginalized people. This is because employers often view candidates with a lower salary history as more inexperienced and undesirable, which disproportionally affects many women and minorities who’ve had historically lower wages.
While requesting salary information is banned, these groups can more easily find jobs without the fear of employers unintentionally or purposefully using their work history against them.
And it works, as states with salary history bans have seen reductions in the gender pay gap by an average of 2%.
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How do you refuse to disclose a salary?
To refuse to disclose your salary, simply decline the request politely and mention that you would like to have a fair negotiation based on your skills. In many states, like the 29 mentioned in this article, you cannot be retaliated or discriminated against for refusing to provide this information.
And, even in states where you’re not protected, the best thing you can do is open an honest and polite dialogue that centers more around how you will benefit the company rather than your reasons for declining the request.
Conclusion
Requesting salary history was once common practice for many companies in the US, but in recent years, more and more states are moving to ban this practice. As of 2022, there are a whopping 29 states who’ve enacted salary history bans, the vast majority of which only came about after 2017.
And there’s a reason why, as these laws have proven to reduce the gender pay gap, as well as provide higher average salaries for women and minorities, ultimately increasing equality throughout the US.
Overall, more states will likely continue following this trend, with Rhode Island being the next to enact a ban in 2023.
Author
Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.
