Salary History Ban States

Where you can and can t ask salary history questions. See the list below from hrdive for all the states that have some form of the salary history ban.

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The researchers found that in states where employers weren t allowed to ask about salary history black employees who switched jobs got offered 13 more on average relative to similar peers in.

Salary history ban states. In philadelphia pennsylvania a district court judge struck down the city s salary ban ordinance citing inquiry about prior salary violates an employer s first amendment right to free speech. Effective may 7 2019 the county is prohibited from seeking a job applicant s salary history considering an applicant s salary history when determining whether to offer employment or determining pay refusing to hire or retaliating against an applicant who refuses to disclose his or her salary history. An increasing number of state and local governments such as in massachusetts hawaii and new york city have adopted laws that ban employers from requesting salary history information from job applicants.

However some states have salary history laws. The goal of the laws is to address pay discrimination while some also prohibit an employer from relying on an applicant s pay history to create compensation plans. The first state to enact the salary history ban was new york on jan.

Regulate salary history questions e g cannot ask until after job offer negotiations outright ban asking salary history questions. State and local governments continue to adopt laws and regulations that prohibit employers from soliciting salary history details from candidates. Proponents of these kinds of laws believe that when employers ask prospective employees for their salary history it perpetuates disparities in pay based on gender and other factors as workers shift from one job to another.

Disciplining employees for discussing wages with their coworkers. And then there s philadelphia. As of right now there is no federal salary history ban in place.

Salary history laws by state may. The main objective of these laws is to promote race and gender equality in the workplace. The 2018 ruling however allowed the city to prohibit employers from using the information in order to set future rates of pay.

Does your state have salary history laws in place. In an attempt to end the cycle of pay discrimination a wave of state and local governments are increasingly passing legislation and regulations which prohibit employers from asking for salary history from job applicants. New salary history ban legislation is pending in four more states.

On the other hand states like wisconsin have passed preemption legislation to prevent the passage of salary history bans. Even if an employer already has that information or an applicant volunteers it it still can t be. California s ban prohibits private and public employers from seeking a candidate s pay history.

So far 16 states and 17 local governments plus puerto rico have banned employers from asking candidates about their pay history. Both hawaii and connecticut will enact the ban come jan. The divide sometimes even exists within a single state.

Salary history bans by state.

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