Research Summary: In recent years, the practice of requesting a job applicant’s salary history has come under scrutiny. Employers traditionally used this information to filter candidates based on perceived experience or to assess their value. However, this practice has been criticized for perpetuating wage disparities and systemic inequalities, prompting many organizations to rethink their hiring strategies.
As a result, an increasing number of states have enacted laws to prohibit the practice of asking for salary history. Currently, 28 states across the U.S. have implemented measures that either ban requests for salary history or restrict the use of this information in hiring decisions.
In this article, we delve into the key facts surrounding salary history bans in the U.S., highlighting the states that have adopted these 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 provide pay scale information upon request. |
| Colorado | 2021 | All employers | Statewide | Employers cannot request salary history and cannot use known salary history to determine pay. Discrimination or retaliation against applicants for not disclosing salary history is prohibited. |
| Connecticut | 2019 | All employers | Statewide | Employers cannot request information about an applicant’s salary history unless it has been voluntarily disclosed. |
| Delaware | 2017 | All employers | Statewide | Employers cannot request salary history, and even if it is known, it cannot be used to screen applicants. Employers may verify salary history after extending an offer. |
| Georgia | 2019 | City agencies | Atlanta | City agencies cannot ask for salary history on applications, during interviews, or in employment screenings. |
| Hawaii | 2019 | All employers | Statewide | Employers cannot request pay history and can only use the information if the applicant voluntarily provides 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 and 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. |
Trends in Salary History Bans
Salary history bans are a rapidly growing trend in the U.S. job market. Just five years ago, only four states had implemented such bans; today, over half of the states have adopted similar policies, reflecting a significant shift in hiring practices.
Since the first salary history ban was enacted in New York on January 9, 2017, numerous states have followed suit. In 2019 alone, 15 states introduced new salary history ban laws, and interest in these regulations continues to rise, with Rhode Island’s law effective in 2023 being the latest addition.
Impact of Salary History Bans
The primary goal of salary history bans is to create a level playing field for applicants, ensuring they receive equitable pay regardless of gender, race, sexual orientation, or other factors. Evidence suggests that these bans are effective in reducing wage disparities:
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Women see an average salary increase of 8.5% following the enactment of salary history bans.
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States with salary history bans experience an average 2% reduction in the gender pay gap.
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Black men and women receive an average salary increase of 16% and 14%, respectively, after the introduction of salary history bans.
Frequently Asked Questions about Salary History Bans
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Do salary history bans limit discrimination?
Yes, salary history bans help to limit discrimination by providing more equal opportunities for historically marginalized groups. Many employers perceive candidates with lower salary histories as less desirable, which can disproportionately impact women and minorities. By prohibiting this inquiry, these groups can seek employment without the fear of bias based on past earnings.
Research indicates that states with salary history bans have seen a reduction in the gender pay gap by an average of 2%.
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How do you refuse to disclose a salary?
When asked for your salary history, politely decline the request and express a desire for a fair negotiation based on your skills and experience. In most states, including the 29 discussed here, you cannot face retaliation for refusing to disclose this information. Even in states without such protections, it’s best to engage in an honest conversation focused on how you can contribute to the company rather than justifying your refusal.
Conclusion
The practice of requesting salary history has become increasingly outdated, with a significant number of states enacting bans to promote fair hiring practices. As of 2026, 28 states have implemented salary history bans, reflecting a broader push for equitable salaries across various demographics.
These laws not only contribute to reducing the gender pay gap but also promote higher average salaries for women and minorities, fostering greater equality in the workforce. Given the current trajectory, it is likely that more states will adopt similar measures in the near future, continuing the trend toward fairer hiring practices.
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.
