Maine
State-wide
An employer may not seek information about a prospective employee's pay history until after a job offer has been negotiated.
View the lawState and local governments are increasingly adopting laws and regulations that prohibit employers from requesting salary history information from job applicants.
The laws are aimed at ending the cycle of pay discrimination and some go further than merely banning pay history questions. A few also prohibit an employer from relying on an applicant's pay history to set compensation if discovered or volunteered; others prohibit an employer from taking disciplinary action against employees who discuss pay with coworkers.
Here, we track the states, cities and other jurisdictions that have passed such bans, and offer a brief description of each law's requirements, its effective date and a link to the original law.
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Employers may not refuse to hire, interview, promote or employ a job applicant based on the applicant's decision not to provide pay history.
View the lawCalifornia's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay. The law also requires employers to give applicants pay scale information if they request it.
View the lawA city ordinance in San Francisco prohibits employers from both asking and considering a job applicants' current or prior compensation in setting pay. It also bars them from disclosing a current or former employee’s salary information without their consent.
View the lawEmployers may not ask about an applicant's pay history, nor can they rely on pay history to determine wages. Employers may not discriminate or retaliate against a prospective employee for failing to disclose their pay history.
View the lawEmployers may not ask about an applicant's pay history, unless it was voluntarily disclosed.
View the lawEmployers are prohibited from screening applicants based on past compensation and from asking about salary history. They may, however, confirm that information after an offer is extended.
View the lawDistrict government agencies are prohibited from asking candidates for their salary history unless it is brought up by a candidate after an offer of employment is extended.
View the directiveEmployers may not seek pay history.
View the lawAtlanta will not ask for salary history on its employment applications, in verbal interviews or in employment screenings.
View the announcementEmployers are prohibited from asking about applicants' salary histories, and they cannot rely on that information unless volunteered by the applicant. The law does not apply to internal applicants.
View the lawIllinois' governor said the state will no longer ask prospective employees questions about salary history.
View the announcementEmployers may not seek pay history including benefits or other compensation. Employers may, however, discuss applicants' pay expectations.
View the lawCity departments may not ask for applicants' salary histories.
View the orderCity agencies may not ask for applicants' salary histories.
View the lawCity agencies may not ask for applicants' salary histories.
View the orderThe city will not seek pay history, nor will it screen applicants based on their current or prior pay, compensation or other benefits. The city will not rely on pay history in the determination of wages nor in determining whether to offer employment to an applicant. Once an offer of employment is made, an applicant may offer pay history to negotiate a higher salary.
View the lawAn employer may not seek information about a prospective employee's pay history until after a job offer has been negotiated.
View the lawEmployers may not seek pay history, but they may confirm wage history voluntarily provided by an applicant after an initial offer of employment, including an offer of compensation, is made. Upon request, employers must provide an applicant the wage range of the position for which the applicant applied.
View the lawThe county will neither seek nor rely on an applicant's salary history as a factor in determining whether to hire the applicant or when setting pay. The county must not retaliate or refuse to hire an applicant for the applicant's refusal to disclose their salary history. The county may rely on salary history voluntarily disclosed by an applicant to offer the applicant a higher wage than initially offered if this does not result in unequal pay for equal work based on gender.
View the lawEmployers cannot request salary history information. They can, however, confirm prior history if volunteered by the applicant or if an offer has been extended. If known, previous pay cannot be a defense to a pay discrimination claim.
View the lawMichigan has prohibited salary history bans in the state. Local governments may not regulate the information that employers must request, require, or exclude on an application for employment or during the interview process.
View the lawDepartments may not ask about a job applicant's salary history until a conditional offer of employment is extended. They also may not ask a current or prior employer or search public records databases to ascertain an applicant's current or previous salary. Information already known or inadvertently discovered may not be considered.
View the directiveEmployers may not seek pay history. The prohibition does not apply if an applicant's pay history is a matter of public record — unless employers seek access to those public records with the intent of obtaining pay history for the purpose of determining wages, salary, earnings, benefits or other compensation for that applicant. Applicants may voluntarily disclose pay history and, if they do, employers may consider voluntarily disclosed pay history to support a wage or salary higher than that initially offered by the employer.
View the lawApplications for employment with the city shall not inquire about salary history.
View the lawThe city may not ask applicants for their pay history until they have been hired at an agreed-upon salary.
View the lawEmployers may not ask for nor rely on job applicants' salary history when deciding to offer employment, or in determining salary, benefits or other compensation during the hiring process. Employers may ask about the applicant's expectations around salary, benefits and compensation. The law's prohibitions don't apply to voluntary and unprompted disclosures of salary history information by an applicant.
View the lawOffices, departments and other divisions of the city may not inquire about an applicant's salary history, nor can they refuse to hire or otherwise retaliate against applicants for refusing to disclose salary history. The law's prohibitions do not apply to applicants for internal transfer, promotion or certain previously employed applicants.
View the lawEmployers may not seek pay history, nor may they refuse to hire, interview, promote or employ applicants who do not provide pay history. Employers must provide a wage or salary range to applicants who have completed interviews for positions, and they must provide the wage or salary range or rate in certain cases of a promotion or transfer. Employers may ask applicants about their pay expectations.
View the lawNew Jersey agencies and offices are prohibited from asking job applicants for their compensation history, or investigating the prior salaries of applicants.
View the orderEmployers may not screen applicants based on their pay history. Employers may not require that an applicant's prior wages, salaries or benefits meet minimum or maximum criteria. If an applicant voluntarily, without employer prompting or coercion, discloses pay history, an employer may verify the applicant's pay history and may also consider pay history in determining the applicant's salary, benefits and other compensation. After an offer of employment that includes an explanation of the overall compensation package has been made to the applicant, an employer may request the applicant provide the employer a written authorization to confirm pay history.
View the lawState agencies and departments may not request salary history from applicants until after an offer of employment is extended. If an applicant's prior compensation is already known, that information may not be relied upon in determining such applicant's salary, unless required by law or collective bargaining agreement.
View the lawEmployers may not seek pay history. An employer may only confirm pay history if, at the time an offer of employment is made, applicants or current employees respond to the offer by providing pay history to support a wage or salary higher than that offered by the employer.
View the lawEmployers in New York City are prohibited from requesting information about job applicants' previous pay or benefits. If an employer already has that information, it is prohibited from using that information to set pay.
View the lawEmployers are barred from requesting information about past compensation and benefits until after a job offer is made.
View the lawEmployers may not ask, whether on an application or otherwise, about a job applicant's wage or salary history, including compensation and benefits. Employers also may not conduct searches of publicly available records. Finally, employers may not rely on known salary history information in setting pay.
View the lawEmployers may not request information about previous wages. Only under limited circumstances may they confirm prior pay and rely on that information in setting pay.
View the lawState agencies may not request pay history information from applicants and may not rely upon previously obtained prior salary information in setting pay.
View the orderEmployers may not ask applicants about their salary history and may not rely on known salary histories. Employers also must, upon reasonable request, provide a pay scale for a position for which an applicant has been provided a conditional offer of employment.
View the lawEmployers may not ask applicants about their salary history. Employers may not rely solely on salary history in setting pay, benefits or other compensation except under specific circumstances, such as when an applicant is applying for internal transfer or promotion; an applicant discloses salary history voluntarily and unprompted; and in situations pursuant to procedures established by a collective bargaining agreement.
View the lawEmployers may not ask for nor screen job applicants based on their pay history. They may not require that an applicant's pay history, benefits or other compensation satisfy minimum or maximum criteria. Employers may, however, discuss applicants' pay expectations.
View the lawEmployers may not ask about an applicants' pay history until after an offer of employment is extended. Employers also are prohibited from using prior compensation to set pay, except for current employees moving to a new position with the same employer.
View the lawState agencies may not ask about a job applicant's current compensation or compensation history at any stage during the hiring process. All job postings must clearly disclose a position's pay scale and pay range.
View the lawEmployers may not ask job applicants about pay history.
The ordinance is effective June 1, 2024, for all municipalities in the county except for the cities of Allentown and Bethlehem, where it will become effective 15 months after the date of enactment provided that neither city government takes action to be excluded from the ordinance.
On Feb. 6, 2020, the 3rd U.S. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. The City of Philadelphia announced Aug. 6 that its Commission on Human Relations (PCHR) will begin enforcing the salary history ban on Sept. 1, 2020.
View the regulationsThe city's agencies and offices may not ask about an applicant's prior pay and, if they discover it, are prohibited from relying on that information unless the applicant has volunteered it.
View the lawEmployers may not request applicants' pay history, but the law makes some exceptions for applicants' voluntary salary disclosures and pay corroboration that take place after a job offer has been made, according to a translation from Littler Mendelson.
View the lawEmployers may not seek pay history, nor can they rely on pay history when considering an applicant for employment or determining pay. They may, however, confirm and rely on pay history after an employment offer is made to support a higher wage than initially offered. Employers also must provide a wage range for a given position.
View the lawThe city will not seek pay history, nor will it rely on pay history in the determination of wages unless an applicant knowingly and willingly discloses pay history. The city will encourage vendors who do business with the city to adopt similar standards, and it may factor in vendors' pay history standards in the process of determining whether to award city contracts.
View the ordinanceRichland County will remove the salary history question from employment applications, verbal interviews and employment screenings.
View documentIndividuals participating in a city hiring process are prohibited from asking an applicant about their salary history. If an applicant voluntarily discloses salary information, the city cannot rely on such information.
View the lawEmployers may not request applicants' pay history. If that information is volunteered, employers may only confirm it after a job offer has been made.
View the lawBeginning July 1, the Virginia Department of Human Resource Management will introduce an updated application for state jobs that eliminates the salary history field, according to a June 20 announcement by Gov. Ralph Northam.
View the statementEmployers may not seek pay history. They may, however, confirm that information if the applicant voluntarily discloses it or if an offer has been extended.
Employers with 15 or more employees, upon request of the applicant and after extending an offer to the applicant, must provide information about the minimum salary for the position for which the applicant is applying.
View the lawLocal governments may not prohibit employers from soliciting the salary history of prospective employees.
View the law