{"id":392927,"date":"2026-02-23T10:26:32","date_gmt":"2026-02-23T15:26:32","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=392927"},"modified":"2026-02-23T10:08:36","modified_gmt":"2026-02-23T15:08:36","slug":"salary-history-bans-by-state-know-your-rights-and-protections","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/salary-history-bans-by-state-know-your-rights-and-protections.html","title":{"rendered":"Salary History Bans by State: Know Your Rights and Protections"},"content":{"rendered":"\n
\n

Salary History Bans by State: Know Your Rights and Protections<\/h1>\n\n
\n
\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

A salary history ban<\/span> prohibits employers from requesting or using a job applicant<\/span>‘s previous pay to determine their new compensation. These laws aim to close the gender and racial wage gap<\/span> by ensuring job offers are based on an applicant’s qualifications and the market value of the role.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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

Salary ban laws vary by location, with some states prohibiting employers from asking about an applicant\u2019s salary history<\/span>. Others limit when and how employers can ask you about your previous salary<\/span>. There are also states without a statewide salary history ban<\/span>, but some cities and municipalities<\/span> have implemented their own local ordinances.<\/p>\n

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<\/u><\/a> near you.<\/p>\n

Understanding Your Legal Rights: What Employers Cannot Do<\/strong><\/h2>\n

Salary history bans<\/span> give you specific protections during the hiring process<\/span>. Understanding what employers cannot do helps you recognize when your rights are being violated.<\/p>\n

What Questions Are Off Limits?<\/strong><\/h3>\n

Employers cannot ask about your previous salary<\/span> 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.<\/p>\n

This prohibition applies across the entire hiring process<\/span>. Employers cannot ask about an applicant\u2019s pay history<\/span> during phone screenings, in-person interviews, or on job applications<\/span>. 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.<\/p>\n

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.<\/p>\n

Most states with salary history bans<\/span> prohibit employers from using your previous pay as a deciding factor for hiring decisions<\/span> 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<\/span>.\u00a0<\/p>\n

How Salary History Bans<\/span> Differ from Other Employment Rights<\/strong><\/h3>\n

Salary history bans<\/span> protect you differently from traditional employment discrimination laws. Laws like Title VII of the Civil Rights Act<\/u><\/a> prohibit employment discrimination based on protected characteristics like race, gender, religion, or national origin. These laws focus on discriminatory policies and practices.\u00a0<\/p>\n

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

Compared to traditional discrimination laws, salary history bans<\/span> 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.<\/p>\n

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

Statewide Salary History Bans<\/span>: Overview<\/strong><\/h2>\n

The following states have statewide salary history bans<\/span> that prohibit employers from asking about or using your previous compensation during the hiring process<\/span>. Many of these states also require pay transparency in job postings<\/span>. We\u2019ve outlined the employer thresholds and pay transparency requirements for these states in the table below:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

State<\/b><\/p>\n<\/td>\n

\n

Applicability (Employer Size)<\/b><\/p>\n<\/td>\n

\n

Pay Transparency Requirements<\/b><\/p>\n<\/td>\n<\/tr>\n

\n

California<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Employers with 15+ employees must include pay scales in job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Colorado<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must include pay ranges and a general description of benefits in all job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Connecticut<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must disclose wage ranges in job postings. Must provide range upon request, before an offer, or to an employee changing roles.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Delaware<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must disclose pay range upon request after an initial interview. Not required in postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

District of Columbia<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must include pay range in job postings and disclose healthcare benefits before the first interview.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Hawaii<\/span><\/a><\/p>\n<\/td>\n

\n

Employers with 50+ employees<\/span><\/p>\n<\/td>\n

\n

Must include a salary range in job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Illinois<\/span><\/a><\/p>\n<\/td>\n

\n

All employers (for applicants)<\/span><\/p>\n<\/td>\n

\n

Employers with 15+ employees must include pay scales and benefits in job postings, effective Jan. 1, 2025.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Maine<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must provide pay range upon request. Salary history questions are banned until after a conditional job offer.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Maryland<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must disclose wage ranges and a summary of benefits in job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Massachusetts<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Employers with 25+ employees must disclose wage ranges in job postings, effective Oct. 29, 2025.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Minnesota<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Employers with 30+ employees must include a salary range and benefits description in job postings, effective Jan. 1, 2025.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Nevada<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Not required in job postings. Employers must provide the wage range to applicants after an interview.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

New Jersey<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must provide wage range upon request after an applicant is deemed a candidate. Not required in postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

New York<\/span><\/a><\/p>\n<\/td>\n

\n

Employers with 4+ employees<\/span><\/p>\n<\/td>\n

\n

Must include salary ranges in all job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Oregon<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must provide pay range upon request for applicants in the final stages of hiring.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Rhode Island<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must provide a wage range upon an applicant’s request and before discussing compensation.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Vermont<\/span><\/a><\/p>\n<\/td>\n

\n

All employers<\/span><\/p>\n<\/td>\n

\n

Must disclose pay range for a position upon an applicant’s request. Not required in postings.<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

Washington<\/span><\/a><\/p>\n<\/td>\n

\n

Employers with 15+ employees<\/span><\/p>\n<\/td>\n

\n

Must include pay scales and a summary of benefits in all job postings.<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Note:<\/strong> 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<\/a> for details specific to your situation.<\/p>\n

States Without Statewide Protection<\/strong><\/h2>\n

Some states don\u2019t have statewide salary history bans<\/span>. If you live in one of these states, you have less protection when employers ask about your salary history:<\/p>\n