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Can an Employer Ask for My Past Salary?

Can an Employer Ask for My Past Salary?

By Her Lawyer on May 20th, 2022

Employers are free to ask questions surrounding current and past salaries under federal law, however, many states have their own laws about this question. Here’s what you need to know about what an employer may ask about salary history.

Requesting job applicants’ salary histories has been a pretty common practice for employers over the years. This knowledge is often utilized by hiring managers and recruiters to exclude people from the candidate pool. A high salary may lead them to believe the applicant is “too expensive” and a low salary might make them think the person is poorly qualified or inexperienced.

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Salary history is personal information that individuals may choose to withhold from a potential employer. There is no legal obligation to disclose salary history, however, that does not mean that in some states and depending on certain circumstances may be detrimental to the applicant.

Salary History Bans

The states and territories below have enacted salary history bans:

State Employers Affected Statute: Employers cannot…
Alabama All Decline hiring, interviewing, promoting, or employing an applicant if they refuse to provide their salary history.
California All Ask for an applicant’s salary history. If they already have the information or the applicant volunteers it, that information can not be used to determine pay. Employers are also required to provide pay scale information if an applicant asks.
California All (incl. contractors and subcontractors)
  • Ask for or use an applicant’s compensation when setting pay. 
  • Disclose a current or former employee’s salary without their consent.
Colorado All
  • Ask for an applicant’s salary history.
  • The salary history to set salaries.
  • Discriminate or retaliate against a candidate who does not disclose their salary history.
Connecticut All
  • Ask for an applicant’s salary history unless the applicant voluntarily disclosed the information.
Delaware All
  • Screen applicants based on past salary and they can not ask about salary history. They can verify their salary after extending an offer.
District of Columbia Government agencies Ask applicants for their salary history unless it is brought up by the candidate after an employment offer is extended.
Georgia City agencies Ask for salary history on their applications, in interviews, or during employment screenings.
Hawaii All (incl. employment agencies)
  • Ask about salary history. 
  • Use that information unless the applicant volunteers it. The law doesn’t apply to internal applicants.
Illinois State agencies Ask applicants about salary history.
Illinois All Ask about salary history including benefits or other compensation but they can discuss the applicant’s pay expectations. Some municipalities have added regulations.
Kentucky Louisville/Jefferson County Metro Government offices and agencies Ask for an applicant’s salary history.
Louisiana City departments Ask for an applicant’s salary history. Applicants can provide salary history to negotiate a higher salary after an offer is made.
Maine All Ask for an applicant’s salary history until a job has been offered.
Maryland All Retaliate against an applicant that does not voluntarily provide salary history. Employers can provide an applicant with a wage range for the position and can confirm voluntarily provided salary history once an offer of employment is made. Some municipalities have added statutes.
Massachusetts All Ask for salary history. They can confirm the history of the applicant volunteers or if they have extended an offer.
Michigan Private employers Ask for salary history. Michigan has banned salary history bans.
Michigan State departments
  • Ask an applicant about their salary history until a conditional employment offer is made.
  • Ask current or prior employers or search public records to get that information.
  • Use knowledge of the previous salary to set pay.
Mississippi City offices Ask for salary history.
Missouri All Ask for or use salary history when offering employment or determining salary, benefits, or other compensation. They can discuss the applicant’s pay expectations. Prohibitions do not apply to information disclosed by the applicant.
Missouri City offices Ask for salary history until the person has been hired.
New Jersey All Screen applicants are based on salary history nor require specific salary history to satisfy a minimum or maximum criteria. Employers may confirm salary history after an offer of employment.
New York All state agencies and departments (except Port Authority)
  • Request salary history until after an employment offer is made.
  • Use knowledge of the previous salary to set pay.
New York Private employers Ask for salary history. An employer can confirm salary if the applicant gives a salary history to support a higher salary when a job is offered.
New York All N/A: Varies based on municipalities.
North Carolina State agencies
  • Request salary history
  • Use previously obtained salary information to set pay.
Ohio N/A: Varies based on municipalities.
Oregon All
  • Ask about salary history until an employment offer has been made.
  • Use knowledge of the previous salary to set pay.
Pennsylvania State agencies Ask about current compensation or compensation history. Additionally, all job postings have to clearly disclose a position’s pay scale and range. Different municipalities vary. 
Puerto Rico All Request pay histories, but voluntary salary disclosures made after a job offer has been extended are allowed.
South Carolina City agencies Differs based on municipality.
Utah City offices
  • Ask an applicant about their salary history
  • Use knowledge of the previous salary to set pay.
Vermont All Request pay histories. If the information is volunteered, they can only confirm after making a job offer.
Virginia All Ask for salary history. Salary history has been removed from state applications.
Washington State agencies Ask for salary history. They can confirm voluntarily disclosed information before or after an offer has been extended.

Businesses with 15 or more employees must provide the minimum salary for the position upon applicant request and after an offer has been extended.
Wisconsin All Ask for salary history. Wisconsin has banned salary history bans.

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