Salary History Bans: What Workers and Employers Need to Know
A practical guide to salary history bans, pay transparency, and hiring compliance.
Salary history bans limit when employers can ask about a job applicant’s past compensation and, in many places, restrict how that information can be used. These rules are part of a wider shift toward pay transparency, which aims to reduce the chance that old pay disparities are repeated in new jobs.
For applicants, these laws can change the interview experience in a meaningful way. For employers, they require careful changes to applications, recruiter scripts, and hiring policies.
Why salary history bans exist
The main reason behind salary history bans is to prevent pay discrimination from following workers from job to job. If a candidate’s prior salary was shaped by bias, market distortions, or unequal access to opportunities, using that number again can carry the same problem into a new job.
Supporters of these laws also argue that compensation should reflect the value of the role, the applicant’s qualifications, and the current labor market—not simply what someone earned before.
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How these laws typically work
Although the details vary by jurisdiction, salary history laws usually fall into a few common patterns. Some states bar employers from asking about prior pay altogether. Others allow the question only after a job offer. Still others restrict not only questions, but also the use of salary history in deciding pay.
In some places, the rule applies broadly to all employers. In others, it may apply only to certain public employers, specific localities, or employers above a certain size.
| Common rule | What it means |
|---|---|
| No questions about salary history | Employers cannot ask an applicant what they made in a previous job. |
| No use of prior pay | Employers may not rely on old salary data to set a new hire’s wage. |
| Limited post-offer verification | Some laws allow confirmation after an offer is made, especially if the applicant volunteers the information. |
| Pay transparency rules | Employers may also need to provide a salary range or wage scale for the position. |
Where salary history bans are found
Many states and jurisdictions now have some form of salary history protection, and the list continues to evolve. Paycor identifies a large group of states and territories with salary history bans, including California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and others, along with several territories and local variations.
GovDocs and HR Dive also note that some rules are narrower than statewide bans. In some cases, the ban applies only in certain cities or counties, such as local rules in Ohio, Pennsylvania, or Missouri, while other jurisdictions impose broader statewide protections.
Because the law can depend on location, employers must check both state law and any local ordinance before asking about compensation history.
What employers usually cannot do
Across many jurisdictions, employers are prohibited from asking an applicant about prior wages on an application, in an interview, or through another direct or indirect method.
Some rules also prevent employers from screening candidates out because they refuse to disclose their salary history. Other rules go further and prohibit employers from using publicly available salary data or other discovered pay information when setting compensation.
- Ask an applicant what they earned in a previous job.
- Use prior compensation as the basis for a new salary offer.
- Refuse to interview or hire someone because they did not disclose pay history.
- Search public records for salary information where the law forbids it.
What employers may still ask
Salary history bans do not prevent all compensation-related questions. In many places, employers may ask about salary expectations, desired compensation, or the applicant’s preferences for pay and benefits.
That distinction matters. A question about what a candidate wants to earn is not the same as a question about what they earned before. New York’s guidance, for example, says employers may ask about salary expectations instead of prior salary history.
Some laws also allow confirmation of salary history after a conditional offer has been made, especially when the applicant has volunteered the information or when the employer needs to verify it for a lawful purpose.
How pay transparency laws connect to salary history bans
Salary history bans are often part of a larger pay transparency movement. Pay transparency rules may require employers to disclose a pay range in a job posting or provide compensation information when asked.
This creates a broader compliance environment. An employer may need to avoid prior pay questions while also publishing salary ranges, documenting compensation decisions, and training hiring staff to answer pay questions consistently.
In practical terms, the goal is to make compensation decisions more current, more structured, and less dependent on a candidate’s previous job history.
Why candidates should know their rights
Applicants benefit from understanding salary history bans because they can recognize when an interview question is improper or when a hiring process seems designed to pressure them into revealing old compensation.
If a candidate is interviewed in a jurisdiction with a ban, the applicant may choose to redirect the conversation toward salary expectations, market data, or the role’s responsibilities rather than past pay. That approach keeps the discussion focused on the present job instead of a former one.
- You can be prepared to answer questions about your target salary instead of your old salary.
- You can check whether the position is covered by a state or local ban.
- You can keep a record if you believe an employer asked an illegal question.
- You can ask whether a salary range exists for the role when such disclosure is required.
Practical compliance steps for employers
Employers that recruit across state lines face the greatest risk of inconsistency. A process that is lawful in one place may be unlawful in another.
New York’s guidance recommends that employers review job applications and other hiring materials, remove prohibited salary-history questions, and train personnel so they do not rely on old pay data when making employment decisions.
Good compliance practices often include updating forms, adjusting interview scripts, and making sure hiring managers know when they may ask about expectations instead of history.
- Audit applications, online forms, and recruiter templates.
- Train managers and recruiters on banned questions.
- Separate salary expectations from salary history in interviews.
- Document the lawful factors used to set pay.
- Review local ordinances in addition to state law.
Examples of common legal differences
Not every law is written the same way. California, for example, bars employers from asking about prior salary history and limits the use of that information in pay decisions. New York bars employers from asking for salary history and allows applicants to bring wage information into the conversation only on their own terms. Delaware allows confirmation of salary after an offer is extended, while still restricting earlier screening based on compensation history.
These differences matter because a recruiter who follows one state’s rules may still violate another’s if the company hires nationally.
Frequently asked questions
Can an employer ask what I made at my last job?
In many jurisdictions with salary history bans, no. Employers are often barred from asking that question directly and may also be restricted from using the answer if you offer it.
Can an employer ask what salary I want?
Yes, in many places an employer may ask about your salary expectations, desired range, or compensation goals. That is generally treated differently from asking what you earned before.
What if I volunteer my old salary?
Rules vary. Some laws allow employers to hear volunteered information but still prohibit them from using it to set pay. Other laws place broader limits on both asking and relying on the information.
Do these laws apply to public and private employers?
Often yes, but not always in the same way. Some laws apply to all employers, while others are narrower or limited to government hiring.
Can salary history bans be local rather than statewide?
Yes. HR Dive and GovDocs note that some restrictions apply only in specific cities or counties, so employers cannot assume a state-wide rule is the full picture.
Do salary history bans mean employers must publish salaries?
Not automatically. Salary history bans and pay transparency rules are related but distinct. Some jurisdictions require salary ranges in postings, while others only restrict prior salary questions.
What to remember when hiring or job searching
The safest approach for employers is to treat salary history as a restricted topic unless a specific law clearly allows it. The safest approach for candidates is to know the rules in the jurisdiction where the job is based and to redirect salary discussions toward the position itself.
As more states and local governments adopt pay transparency laws, both workers and employers will need to adjust to hiring practices that focus less on past pay and more on present value, role requirements, and lawful compensation benchmarks.
References
- States with Salary History Bans: Employer’s Guide — Paycor. 2026-01-01. https://www.paycor.com/resource-center/articles/states-with-salary-history-bans/
- Pay Transparency Laws by State — GovDocs. 2026-01-01. https://www.govdocs.com/pay-transparency-laws/
- State by State: Salary History Bans and Pay Transparency Laws — SHRM. 2026-01-01. https://www.shrm.org/topics-tools/news/talent-acquisition/state-state-salary-history-bans-pay-transparency-laws
- A running list of states and localities that have outlawed pay history questions — HR Dive. 2026-01-01. https://www.hrdive.com/news/salary-history-ban-states-list/516662/
- Salary History Ban – What You Need To Know — New York State. 2026-01-01. https://www.ny.gov/salary-history-ban/salary-history-ban-what-you-need-know
- Salary History Bans and Wage Bargaining: Experimental Evidence — ScienceDirect. 2020-01-01. https://www.sciencedirect.com/science/article/abs/pii/S0927537120300579
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