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Your Rights
Salary History Disclosure

During your job search, someone may ask you for your salary history. This is a tough position to be in, especially if you are hoping for a significant pay increase over your last job. Revealing your salary history could compromise your position in pay negotiations. It’s important to respond in a way that maintains your negotiating position without hurting your chance at the job. For more information about disclosing your salary, read below.

  1. Why do employers ask for your previous salary?
  2. Are employers allowed to ask me about my salary history?
  3. Do I have to answer questions about my previous salary?
  4. Why do many people choose not to disclose their previous salary?
  5. The job description doesn't contain a salary range. Should I inquire about the salary range before applying for the job?
  6. How do I answer salary questions on job applications?
  7. What can I do before my interview to help me prepare for this question?
  8. Is it okay to lie about my salary history?
  9. What are some polite ways of avoiding answering about my salary history?
  10. What if the employer is really persistent?
  11. Do employers have to report pay data to the public or any government agency?

1. Why do employers ask for your previous salary?

Employers tend to use your past salary to gauge your market value. It also gives them a sense of what salary you may be expecting.

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2. Are employers allowed to ask me about my salary history?

Yes, in most states and cities, but this is quickly changing. The level of restrictions varies from state to state. States and localities that have passed laws on salary history are listed here. All of these statutes prohibit screening job applicants based on their past and/or current pay information. Please check back regularly as we continue to update our page with new laws and statutes regarding salary history disclosure and as laws begin to go into effect.

Alabama:

Effective September 1, 2019, in Alabama according to law, employers may not refuse to hire, interview, promote or employ a job applicant based on the applicant's decision not to provide pay history.

California:

Effective January 1, 2018, California hiring managers will be prohibited from seeking (on their own or through third parties) and relying on job applicants’ past pay information as a factor to determine whether to give a person a job and payment terms of that job. The California law, unlike other laws, will also require employers, upon reasonable request, to provide the pay range for the applied-for position. In California, job applicants may voluntarily contribute information about their pay history. If the applicant gives this information, employers can weigh or rely on the information when determining compensation.

San Francisco, California:

Effective July 1, 2018, San Francisco’s “Parity in Pay Ordinance” will prohibit hiring managers from asking about a job applicant’s salary history and prohibit hiring managers from relying on pay history information as a factor in determining whether to hire the employee. San Francisco employers will also be prohibited from releasing a current or former employee’s compensation information to his or her prospective employer unless that employee has given written authorization. As with some other laws, the applicant may voluntarily, and “without prompting,” offer this information themselves to the prospective employer. In that case, the employer may consider or verify the information. The ordinance allows the applicant his or her prospective employer to participate in pre-employment compensation negotiations.

Colorado

Effective January 1, 2021, state law will prohibit employers from asking 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. The law will apply to all employers, including the state and any political subdivision, commission, department, institution or school district thereof.

Connecticut:

Effective January 1, 2019, according to Connecticut Act, Employers may not ask about an applicant's pay history, unless it was voluntarily disclosed.

The law applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state

Delaware:

Effective December 14, 2017, Delaware hiring managers will not be allowed to screen job applicants based on their pay histories, including by requiring their prior pay meet a minimum or maximum criteria, or find out the applicants’ pay history from their current or former employers. The law will not prohibit the employer from discussing and negotiating pay and expectations with the prospective employee if the individual’s past pay history remains confidential. The law will allow the employer to ask about and verify the job applicant’s past pay history, but only after the offer of employment stating the compensation terms has been accepted by the applicant.

Atlanta, Georgia:

Effective February 18, 2019, Atlanta has banned the “Salary History Box” requirement on City of Atlanta applications. Atlanta will not ask for salary history on its employment applications, in verbal interviews or in employment screenings. The law applies to all city agencies.

Hawaii:

Effective January 1, 2019, employers 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. The law applies to all employers, employment agencies and employees or agents thereof.

Illinois:

Effective January 15, 2019, the State of Illinois will no longer ask prospective employees questions about salary history.

Effective September 29, 2019, the law will apply to all employers in Illinois. Employers may not seek pay history including benefits or other compensation. Employers may, however, discuss applicants' pay expectations.

Chicago, Illinois:

Effective April 10, 2018, city departments of Chicago, Illinois may not ask for applicants’ salary histories.

Louisville, Kentucky:

Effective May 17, 2018, city agencies in the Louisville/Jefferson County Metro Government or any department, agency or office thereof unless specifically excluded in the law, may not ask for applicants' salary histories.

New Orleans, Louisiana:

Effective January 25, 2017, New Orleans now prohibits city agencies from asking for applicants’ salary histories.

Maine:

Effective September 17, 2019, an employer may not seek information about a prospective employee's pay history until after a job offer has been negotiated. The law applies to all employers in the state of Maine.

Montgomery County, Maryland:

Effective August 14, 2019, the Montgomery County government 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.

Massachusetts:

Effective July 1, 2018, Massachusetts hiring managers will not be allowed to require that a term of employment, that the applicant refrains from talking about his or her pay or the or the pay of others. The law will also prohibit employers from screening applicants based on their pay history, requiring applicants to disclose previous pay as a condition of employment or requiring that the applicant's former pay meets a certain minimum or maximum criteria. While Massachusetts will not allow the employer to seek the applicant’s pay history from the applicant or any of his or her current or former employers, the law does allow the applicant to voluntarily discuss his or her pay information.

Michigan:

Michigan 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.

However, under a directive, effective January 19, 2019, state departments and certain autonomous agencies 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.

Jackson, Mississippi:

Effective June 13, 2019, applications for employment with the city shall not inquire about salary history.

Missouri:

Effective October 31, 2019, Missouri law will not allow employers to 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. The law applies to all employers employing six or more employees

Kansas City, Missouri:

Effective July 26, 2018, according to Kansas City law, the city may not ask applicants for their pay history until they have been hired at an agreed-upon salary.

New Jersey:

Effective February 1, 2018 New Jersey state agencies and offices are prohibited from asking job applicants for their compensation history, or investigating the prior salaries of applicants.

Effective January 1, 2020, New Jersey state law will prohibit employers from screening 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. The law will apply to all employers in the state of New Jersey.

New York:

Effective January 2017, under New York law, state 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. The law applies to all agencies and departments over which the governor has executive authority, and all public benefit corporations, public authorities, boards and commission for which the governor appoints the chair, the chief executive or the majority of board members, except for the Port Authority of New York and New Jersey.

Effective January 6, 2020, under New York Law, employers 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. The law will apply to all employers.

New York City, New York:

Effective October 31, 2017, New York City will prohibit hiring managers from asking job applicants, their current or former employers about the applicants’ past salary. The ordinance will also prohibit employers from conducting public records searches to find the applicants’ pay history, as well as relying on any past pay data to determine the salary, benefits, and other compensation for applicants during the hiring process. The New York City ordinance allows discussions between the prospective employer and the applicant about expectations concerning desired compensation. The ordinance allows the applicant to voluntarily give the information about his or her past pay to the employer. If the applicant voluntarily tells the employer this information, the employer may verify it and consider it in determining the applicant’s salary, benefits, and other compensation. The New York City ordinance will not apply to current employees transferring to a new position.

Albany County, New York:

Effective December 17, 2019, all employers and employment agencies in Albany county are barred from requesting information about past compensation and benefits until after a job offer is made.

Suffolk County, New York:

Effective June 30, 2019 employers and employment agencies in Suffolk county 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.

Westchester County, New York:

Effective July 9, 2019, employers, labor organizations, employment agencies or licensing agencies, or an employee or agent thereof, may not request information about previous wages. Only under limited circumstances may they confirm prior pay and rely on that information in setting pay.

North Carolina:

Effective April 2, 2019, under North Carolina law, state agencies may not request pay history information from applicants and may not rely upon previously obtained prior salary information in setting pay.

Cincinnati, Ohio:

Effective March 2020, under Cincinnati Law, employers 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. The law will apply to employers with 15 or more employees located within the city, including job placement and referral agencies. State and local governments are excluded, with the exception of the City of Cincinnati.

Toledo, Ohio:

Effective June 25, 2020, under Toledo Law, Employers 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. The law will apply to all employers located within the city that employ 15 or more employees, including referral and employment agencies, as well as the city.

Oregon:

Effective October 6, 2017, Oregon prohibits hiring managers from screening job applicants based on their current or past pay. Additionally, it is prohibited to set an applicants’ pay based on their current or past compensation. This law does not apply to current employees who want to transfer to another position.

Pennsylvania:

Effective September 4, 2018 under Pennsylvania Law, State 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.

Philadelphia, Pennsylvania:

Philadelphia's “Fair Practices Ordinance: Protection Against Unlawful Discrimination” (effective date pending) will prohibit employers from asking about or requiring disclosure of a job applicant’s pay history. It will also prohibit employers from conditioning the offer of employment or consideration for an interview based on pay disclosure. The ordinance will also prohibit hiring managers from relying on the past compensation history that was received from applicant’s current or former employer when determining the applicant’s pay at any stage in the employment process. This includes during the negotiation or drafting of any employment contract unless the applicant “knowingly and willingly” tells his or her past pay history to the employer.

Pittsburgh, Pennsylvania:  

Effective January 30, 2017, Pittsburgh prohibits the city from asking about a job applicant’s salary history. It also forbids the city from relying on pay history in the employment process, unless the applicant volunteered the information.

Puerto Rico:

Effective March 8, 2017, Puerto Rico hiring managers may not ask a job applicant, or his or her current or former employer, about the applicant’s salary history. However, the applicant may voluntarily tell the employer that information. If the applicant does, or the employer has already offered to hire him or her, the employer may further ask about or confirm the person’s salary history. The Puerto Rico law also promotes pay transparency in the workplace by prohibiting employers from restricting applicants’ or employees’ questions or discussions about their pay information or the pay information of another employee with similar duties.

Columbia, South Carolina:

Effective August 6, 2019, under Columbia, SC ordinance, the 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.

Richland County, South Carolina:

Effective May 23, 2019 Richland County will remove the salary history question from employment applications, verbal interviews and employment screenings.

Salt Lake City, Utah:

Effective March 1, 2018, individuals participating in a city hiring process in Salt Lake City Corporations, are prohibited from asking an applicant about their salary history. If an applicant voluntarily discloses salary information, the city cannot rely on such information.

Vermont:

Effective July 2018, under Vermont Law, Employers may not request applicants' pay history. If that information is volunteered, employers may only confirm it after a job offer has been made.

Washington:

Effective July 28, 2019, under Washington State Law, Employers 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.

According to the National Conference of State Legislatures, many other states are considering this type of legislation. These states currently include  Georgia, Iowa, Idaho, Montana, Oregon, Rhode Island, Texas, and, Virginia.


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3. Do I have to answer questions about my previous salary?

No. Salary history is personal information that you may choose to withhold from your employer. However, while there is no legal obligation to disclose your previous salary, there is no way to be sure how a particular employer may react. Declining to disclose your previous salary could result in losing the job opportunity. 

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4. Why do many people choose not to disclose their previous salary?

Many people (especially minorities and women) choose not to disclose their previous salary because it may limit how much the company offers them for a new job. If a person is underpaid in a previous job, disclosing their previous salary to a new potential employer will likely result in being underpaid in their new job as well.  

Basing salaries on a person’s previous pay rate perpetuates the pay gap between men and women and minorities. As noted above, many states are moving towards banning salary history questions altogether.

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5. The job description doesn't contain a salary range. Should I inquire about the salary range before applying for the job?"

Employers are urged to provide this information in job postings. Asking for a salary range upfront can avoid wasting the company’s time and yours and reminds a company that it is important to provide transparency of the fair market rate for the role that they are trying to fill.

A polite way to ask for salary range would be by saying:

 

  • “I want to be respectful of your time. Is there a specific salary range for this position?”
  •  “I want to be respectful of your time. There is a specific salary range I’m looking for. Can we talk about that upfront?”
  • “If you don’t mind me asking, what is the salary range for this role?”

 

Since it is still standard practice for many employers to not disclose a salary range up front, you may be met with resistance. There is no way to be sure of how a particular employer may react to this question. There is always a risk that it could result in losing the job opportunity. However, as more employers begin to realize the benefit of providing salary information up front, this will become less of a problem.

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6. How do I answer salary questions on job applications?

If it’s not a required field on an online form, or if it is a physical form, leave it blank. If it is a required field on an online form, enter $0 or $1. It will be clear to employers that you do not want to answer the question.

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7. What can I do before my interview to help me prepare for this question?

Enter the interview with all the knowledge you can about the salary range for the position. Visit sites like Payscale.com, Glassdoor.com, Indeed.com, and Salary.com to get more information. The research will allow you to know in advance your desired salary range and allows you to be realistic in your expectations. You will also have a leg up in the interview if the employer seems to give a lower number than the fair market value for the position.

You can also ask for the compensation range of the position you applied for, before the interview process, during a phone screen, or e-mail exchange. Be prepared for this question to lead to being asked what your expectations are. You can respond by saying "The range sounds in line with my expectations."

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8. Is it okay to lie about my salary history?

No. You may be tempted to exaggerate during salary negotiations, but it would be in your best interest not to. Headhunters and human resources professionals are well versed in this area and can catch you in your lie. If you lie, you will lose credibility, lose the job you are applying for and damage your professional reputation.

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9. What are some polite ways of avoiding answering questions about my salary history?

  • “I prefer not to tell you my past salary because I’d like to have an honest, fair negation based on what I can do to make your business more successful.”
  • “I’d be happy to talk about that at the appropriate time.  Why don’t you tell me more about …?”
  • “Before we get to that, let me make sure I’m even in your ballpark.  What is the salary range for this position?”
  • “I’m not comfortable discussing salary at this stage.  Perhaps we can do so when we meet in person?”
  • “My current employer does not allow me to discuss the terms of my employment.”
  • “For a person with the skills and experience you want, I’d expect that this position would not pay less than ‘X.’  Correct?”
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10. What if the employer is really persistent?

If your potential employer asks many times, and none of the above answers are working for you, you can always decide to share your salary information. If you know your last job underpaid you from looking at your fair market value, don’t hesitate to bring that up to your potential employer.

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11. Do employers have to report pay data to the public or any government agency?

To address some of the inequities in pay which leads to potential pay discrimination against women, racial, and ethnic minorities, a proposal for employers to include pay data on a report called the EEO-1 was finalized in 2016.

The EEO-1 is a form from the Equal Employment Opportunity Commission (EEOC) which employers with at least 100 employees and government contractors with at least 50 employees must fill out each year. In the form, employers are required to disclose the race-ethnicity, gender and job category of their employees.

The expanded EEO-1 form would require employers to categorize their employees by gender, race, type of work, and place them into one of twelve wage brackets. For example, if a company has 50 men of the same race, who do similar work for a similar amount of money, then they would be grouped together.

Although the EEO-1 is confidential and not accessible to the public, the information would be disclosed to government agencies responsible for monitoring workplace discrimination and allow companies to identify pay gaps to take internal corrective action. 

However, on August 30, 2017, the White House Office of Management and Budget announced that the pay data reporting requirement is suspended indefinitely. It is now unclear whether this proposal will move forward or whether employers will be required to disclose pay data except as requested in a lawsuit or other pay dispute.

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