Salary History Bans by State: Know Your Rights and Protections

Salary history bans prevent employers from asking about your previous pay during the hiring process. These laws exist in various states and help protect you from pay discrimination by requiring employers to base job offers on your qualifications and what similar positions pay, rather than your past earnings.

Salary ban laws vary by location, with some states prohibiting employers from asking about an applicant’s salary history. Others limit when and how employers can ask you about your previous salary. There are also states without a statewide salary history ban, but some cities and municipalities have implemented their own local ordinances.

Understanding your rights can help you negotiate when you are applying for work. You will know when an employer violates the law and the steps that you can take. For further legal advice on how you can protect yourself against wage discrimination, contact an employment law attorney near you.

Understanding Your Legal Rights: What Employers Cannot Do

Salary history bans give you specific protections during the hiring process. Understanding what employers cannot do helps you recognize when your rights are being violated.

What Questions Are Off Limits?

Employers cannot ask about your previous salary or total compensation package. This ban extends beyond asking how much you made at your previous job. It also extends to any questions related to your past earnings. For example, they cannot ask about the bonuses or perks you received or if your previous employer offered stock options.

This prohibition applies across the entire hiring process. Employers cannot ask about an applicant’s pay history during phone screenings, in-person interviews, or on job applications. They cannot ask about your previous compensation or your previous pay range. They also cannot contact your current or former employers to learn about your compensation.

Some employers try to get around these rules by using third parties. The law prevents employers from having recruitment firms, staffing agencies, or background check companies ask about your salary history on their behalf.

Most states with salary history bans prohibit employers from using your previous pay as a deciding factor for hiring decisions or when making a salary offer. This ban applies even if your salary is available through public sources. Some states go further and prohibit employers from screening applicants based on salary history information. 

How Salary History Bans Differ from Other Employment Rights

Salary history bans protect you differently from traditional employment discrimination laws. Laws like Title VII of the Civil Rights Act prohibit employment discrimination based on protected characteristics like race, gender, religion, or national origin. These laws focus on discriminatory policies and practices. 

Salary history bans address specific hiring practices rather than discriminatory actions. These laws prohibit pay history questions or relying on your previous wages when making a compensation offer. These protections also help prevent underpayment from following you from job to job.

Compared to traditional discrimination laws, salary history bans do not require you to prove that an employer acted discriminatorily based on protected characteristics. Instead, an employer can violate this law simply by using salary history when setting pay, regardless of their intent.

Salary history ban protections work together with equal pay legislation. Many states that ban salary history inquiries also protect your right to discuss your current wages with coworkers. This transparency helps you determine if there are pay disparities.

Statewide Salary History Bans: Overview

The following states have statewide salary history bans that prohibit employers from asking about or using your previous compensation during the hiring process. Many of these states also require pay transparency in job postings. We’ve outlined the employer thresholds and pay transparency requirements for these states in the table below:

Note: Some states allow employers to consider salary history if the applicant voluntarily discloses it. Local ordinances may impose stricter requirements than state law. Contact an employment law attorney for details specific to your situation.

States Without Statewide Protection

Some states don’t have statewide salary history bans. If you live in one of these states, you have less protection when employers ask about your salary history:

• Alabama
• Michigan
• North Carolina
• Ohio
• Pennsylvania
• Texas
• Utah
• Wisconsin

Even if your state lacks a salary history ban, your city or county might have one. Ohio doesn’t have a state law on salary bans, but Cincinnati and Toledo have ordinances that prohibit employers with 15 or more employees from asking about salary history. If you’re applying to a smaller business, the salary history ban may not apply.

Major cities in other states have taken a similar approach. Philadelphia adopted a salary history ban in 2020. Although Pennsylvania does not have a statewide law, a local ordinance prohibits salary history questions.

When local law is stricter than state law, employers must follow whichever protects you more. For example, New York state law explicitly provides that if New York City laws impose stricter requirements on employees, those laws apply to employers that work within the city. 

The state of Michigan enacted a law prohibiting cities and counties from imposing salary history bans. This means that private employers in Michigan may legally ask about an applicant’s prior compensation, and local governments cannot adopt stricter rules to prohibit the practice. 

Smaller companies may not be subject to salary ban laws. If you are unsure about the protections you have or if you think an employer violated your rights, contact an employment law attorney.

States With Comprehensive Statewide Protections

These states generally prohibit employers from asking about or using your salary history during the hiring process. Many also require employers to share pay ranges in their job postings. Let’s take a closer look at their laws.

California

California offers some of the strongest protections in the country. The law covers all job applicants, including part-time, seasonal, and temporary workers. Employers cannot ask about your pay history or use it to set your salary. The California Labor Code also requires employers with 15 or more employees to include pay scales in their job postings.

If you believe an employer violated California’s salary history ban, you have two main options:

• File a complaint with the California Labor Commissioner: The Labor Commissioner can impose civil penalties on employers who break this law. The amount depends on the seriousness of the violation and whether the employer has committed a similar violation before.
• File a private lawsuit in California courts: You have a private right to sue for wage discrimination claims. Salary history violations can serve as supporting evidence in these cases. In general, you have one year from the date the violation occurred to file these cases.

If you’re unsure, speaking with a California employment attorney is a good way to get legal advice.

Colorado

Colorado’s salary ban law is especially broad. It took effect on January 1, 2021, and covers all job seekers and employees. The state law defines “employer” as any entity that employs a person in the state. This includes out-of-state companies that have at least one employee based in Colorado. The law also applies to remote positions. 

Employers also cannot ask about wage history. The Colorado state law also requires all job postings to show the wage rate or salary range. Wage rate includes the total compensation and benefits that an employee receives.

The Colorado Division of Labor Standards and Statistics enforces salary history bans. They can impose fines ranging from $500 to $10,000 per violation.

You have a private right to sue in Colorado district courts for wage discrimination violations. If you file a lawsuit within two years of the violation, you can recover back pay for up to six years. For pay transparency violations, you must file written complaints with the Division within one year of learning about the violation.

Connecticut

Connecticut’s law applies to both applicants and current employees. Employers cannot ask about salary history unless you voluntarily disclose it. Starting on October 1, 2023, Connecticut requires all job postings to include wage ranges and a general benefits description. Employers must also provide wage ranges to applicants when requested, before making an offer of employment, or when employees change positions.

The Connecticut Department of Labor enforces salary history violations. While Connecticut’s law doesn’t specify exact penalty amounts in all cases, employers who violate wage and hour laws can face significant consequences. 

Connecticut also allows private lawsuits under its wage discrimination laws. The statute of limitations depends on the type of claim you are filing. For wage discrimination claims, you must file them within two years of the violation. This extends to three years if there is a willful violation. Consult an employment law attorney in Connecticut to learn more.

Illinois

Illinois prohibits pay history questions and retaliation for refusing to disclose past pay. The law protects all job applicants but does not apply to current employees or situations where salary history is public record. Illinois law also requires employers with 15 or more employees to post pay scales and benefits in all their job postings. This went into effect January 1, 2025.

If an employer violates Illinois salary history laws, you can file a complaint with the Illinois Department of Labor. Penalties for pay transparency violations range from $500 to $10,000, depending on the number of offenses. You also have a private right to sue under the Illinois Equal Pay Act for unlawful salary history inquiries or retaliation. You can recover compensatory damages, special damages up to $10,000, injunctive relief, costs, and attorney’s fees. Illinois gives you five years from the violation to file a civil claim.

Maryland

Since October 1, 2024, Maryland requires all employers to disclose wage ranges and benefits in job postings for positions that will be performed at least in part in the state. The posting must include the minimum and maximum wages, an overview of the benefits package, and any additional forms of compensation for the role.

The Maryland Department of Labor enforces these requirements. First offenses result in written warnings. Second offenses within three years carry fines of up to $300 per affected person, and subsequent violations carry fines of up to $600 per violation. Employers must keep detailed records for three years.

You can file administrative complaints with the Department of Labor. Maryland law doesn’t provide a private right to sue for salary history violations alone, but you may pursue related discrimination claims. An employment attorney can help you understand your options.

Massachusetts

As the first state to adopt a comprehensive salary history ban, Massachusetts bars employers from asking about past pay and protects wage discussions. The law covers all prospective employees, including part-time and temporary workers. Massachusetts also requires employers with 25 or more workers to disclose wage ranges in job postings starting October 29, 2025.

The Massachusetts Attorney General’s Office enforces salary range disclosure requirements. First offenses get warnings. Penalties escalate to $500 for second violations, $1,000 for third violations, and up to $25,000 for subsequent violations. Through October 2027, employers have two business days to correct violations before fines apply.

In Massachusetts, you also have a private right to sue under the Equal Pay Act. You can file directly without first pursuing administrative complaints. You must file within three years of the violation.

Nevada

Since October 1, 2021, Nevada has prohibited employers from seeking or using salary history to decide whether to hire you or your rate of pay. Employers cannot take retaliatory actions if you decline to provide your salary history.

Unlike many other states, Nevada does not require salary ranges in their job postings. Employers should provide you with a wage range after your interview. If you are a current employee seeking a promotion or transfer, you can also request a wage range or information on the rate for the promotion or transfer. This law applies to all Nevada employers, regardless of size.

The Nevada Labor Commissioner enforces salary history protections. You can file complaints with the Labor Commissioner’s office if your rights were violated. Nevada also allows private lawsuits for wage-related violations. 

New York

New York combines statewide protection with even stricter local rules in New York City. Employers cannot ask about salary history or use it to decide whether to interview or hire you. Since November 1, 2022, New York City has required employers with at least four employees to include salary ranges in all job postings. New York State expanded this requirement statewide for businesses with four or more workers, which went into effect on September 17, 2023.

For statewide violations, file complaints with the New York State Division of Human Rights. Violations that occurred in New York City may be reported to the NYC Commission on Human Rights. New York City imposes aggressive penalties for violations of salary history and transparency laws. Civil penalties can reach $25,000 for willful violations of the law. First-time offenders of pay transparency laws are given 30 days to cure the violation.

New York State also provides a private right to sue. Claims under these laws are subject to a three-year statute of limitations.

Washington

Since January 1, 2023, Washington law bans salary history questions and requires employers with 15 or more employees to include pay ranges in job postings. The law covers all job applicants and employees, including those seeking internal transfers or promotions. The law also protects employees who discuss wages and allows applicants and workers to bring civil lawsuits if employers violate the rules.

The Washington State Department of Labor & Industries enforces these protections under the Equal Pay and Opportunities Act. The Department may investigate complaints and, if it finds violations, issue citations. They may require employers to pay damages of up to $5,000 and a $500 civil penalty for first-time offenders. Subsequent violations include penalties of up to $1,000.

You also have a private right to sue for violations of salary history and pay transparency laws. Claims must be filed within three years of the alleged violation. If you believe your rights have been violated and have questions about your private right to sue and your available remedies, consider speaking with a Washington employment law attorney.

Important Coverage Limitations to Understand

Some positions are exempt from salary history bans. If your job has a collective bargaining agreement, the ban could take effect later until after they negotiate new contracts.

Remote work adds another layer when you’re applying from one state to a company in another. An employer based in a state without salary history protections might still be prohibited from asking about your compensation. This happens when you live in or will work from a protected jurisdiction.

Federal Employee Protections

Federal jobs follow different rules. The Office of Personnel Management prohibits federal employment agencies from using salary history in setting the wage rate for new employees and covers most federal positions. There are also proposed regulations that would require federal contractors to post the salary ranges for positions and prevent them from asking job candidates about their salary history. 

Legal Exceptions To Know

While salary history bans provide protections, they contain certain exceptions that applicants should understand. Most laws allow you to voluntarily share your salary history if you choose to do so. “Voluntarily” means the employer cannot prompt you, ask leading questions, or create any pressure for you to disclose. You must offer the information entirely on your own. When you voluntarily disclose salary history, you give up the protections these laws provide.

If you work for a state agency, your salary may already be public information. Since this information is already public, employers can access and consider it without violating salary history bans.

Some states allow employers to verify salary information after you voluntarily disclose it. However, the employer can only verify what you chose to share. They cannot use verification as an excuse to ask additional questions about your compensation history.

Other Legal Avenues Available

Title VII of the Civil Rights Act and the Equal Pay Act still offer protection in states without a specific salary history ban. In Rizo v. Yovino (2020), the court ruled that prior salary alone is insufficient to justify paying someone less in violation of the Equal Pay Act. The court also clarified that the acceptable reasons for pay differences should be job-related. It includes things such as education, experience, or past performance.

Recognizing When Your Rights Have Been Violated

Knowing when an employer has violated salary history laws helps you protect your rights and document violations. Watch for these warning signs throughout the hiring process:

Red Flags During the Application Process

Any of the following may be considered a violation of a salary ban law:

• Job applications asking for “current salary,” “salary history,” or compensation ranges
• Phone screens where recruiters ask “What are you currently making?” or “What was your salary at your last position?”
• Interview questions disguised as casual conversation, like “Were you well-compensated in your last role?” or “Did your previous salary meet your needs?”
• Background checks requesting authorization to contact former employers about your compensation, rather than just verifying employment dates and job titles

It doesn’t matter if they ask for exact dollar amounts or use checkboxes for salary ranges. Take note of what was asked and when it happened. Even casual questions disguised as a conversation about your previous pay still violate the law.

Indirect Violations

Employers sometimes try to get around these bans with carefully worded questions. Asking “What are your salary expectations?” is usually legal and part of the negotiation process. “What did you make at your last job?” violates the law.

Questions about benefits packages are another red flag. “What was your benefits package worth at your last job?” is just a different way of asking about your compensation. The same goes for questions about stock options, bonuses, or other non-wage pay.

Watch for pressure tactics. If an interviewer says refusing to share salary information will hurt your chances or claims “all our finalists provide this information,” they’re trying to coerce you. These tactics also violate the law.

Related Violations

Creating a hostile interview environment through aggressive or repeated salary history questions may also violate these laws. A single inappropriate question might be a mistake, but persistent attempts to obtain your compensation information suggest the employer is deliberately engaging in acts that violate the law.

Discrimination claims may apply if employers consistently ask certain groups about salary history while omitting these questions for others. For example, an employer may ask women or members of minorities questions about salary history, but skip asking white male applicants. This could violate both salary history bans and broader anti-discrimination laws.

Pay Equity Law Connections

Salary history bans support equal pay claims by removing a way for historical discrimination to continue. When employers base new salaries on past wages that reflected discrimination, they carry that discrimination into the new job.

Building a pay equity case often involves showing that similarly situated employees receive different compensation without legitimate justification. If an employer violated salary history laws when setting your pay, that can strengthen your case. It establishes an improper basis for the pay difference. These claims can involve discrimination based on sex, race, age, disability, or other protected characteristics. 

Protection from Retaliation

You have the right to refuse to answer questions about your salary history, and employers cannot penalize you for exercising this right. This may lead to retaliation on their part.

An employer cannot refuse to interview you because you declined to share your previous salary. They also can’t withdraw a job offer, eliminate you from consideration, or reduce their initial salary offer as punishment for not disclosing their compensation history. If an employer retaliates against you for refusing to disclose salary history, they violate the law. This still applies if you are hired or offered a job.

Documentation You Need To File a Complaint

Gathering evidence is important if you need to file a complaint. You’ll need to prepare and collect various types of documentation to support your case. These include:

• Employer information: Company name, address, contact details, and specifics about the position you applied for
• Written communications: Job postings, online or physical application forms asking for salary information, emails, text messages, and other written exchanges between you and your employer that reflect that violation.
• Details about the violation: Date, time, the name of the interviewer and their role, and the specific questions asked about your salary history
• Screenshots and photos: Capture online application pages or other documents that request salary information before they can be changed or deleted
• Witness information: Names and contact details of anyone present when prohibited questions were asked, or testimony from others who experienced the same violations

The requirements of filing a case vary significantly by location. Check your state labor department or human resources for certain procedures, documentation, and deadlines.

What To Do If Your Rights Are Violated

If an employer asks prohibited salary history questions, you can politely decline and say, “I prefer not to share my salary history, but I’m happy to discuss my salary expectations for this role.” It is important that you write down what happened right away. Take note of the date, time, who asked, and the exact wording. This creates a record if you need to file a complaint later.

You should also watch out for retaliation. If the employer suddenly loses interest in your application or stops responding after you decline to answer, document these changes.

Filing Complaints

State labor departments typically handle enforcement. Each state has specific forms and procedures. Your complaint should include job postings, applications requesting salary information, emails, interview notes, and any evidence of retaliation. Be specific about dates and what happened.

Filing deadlines also matter. Most states give you between six months to three years to file after a violation. If you miss the deadline, you might be barred from getting relief.

Private Legal Action

Some states let you file complaints directly and allow private lawsuits under their equal pay law. Other states may allow suits under discrimination or contract theories. An employment attorney can help guide you in filing a legal action.

Potential Remedies

If an employer sets your pay based on improperly obtained salary history, you might recover the difference as lost wages. Many equal pay and civil rights laws let successful plaintiffs recover attorney’s fees.

Seek Legal Advice From an Employment Law Attorney

Salary history bans help break cycles of wage discrimination by preventing employers from carrying past wage gaps into new jobs. Understanding how these laws work in your state helps you recognize when employers cross legal boundaries and what you can do about it. Talking to an employment attorney can help you understand your options. They can explain which laws apply in your situation, whether you have grounds for a complaint or lawsuit, and what remedies might be available.