More states enact bans on employers asking applicants about their pay history. Some laws essentially prohibit any questions or seeking information on an applicant’s salary, others allow for the inquiry only after an offer of employment is made. Below is a list of states/local jurisdictions that have such bans. These bans prohibit employers from asking about as well as background check firms like Safe-Screen from seking and reportingsalary information from Employmen Verifications or W2/1099 information directly from the IRS through the IVES verification, in some cased ever or in many, until after an offer of employment has been made.
Alabama (May not refuse interview/employment based on Applicants refusal to provide salary history)
California
Colorado
Connecticut
Delaware
District of Columbia
Georgia
Hawaii
Illinois
Kentucky – Louisville City/County agencies may not ask for salary history.
Louisiana – New Orleans City agencies may not ask for salary history.
Maine
Maryland
Massachusetts
Minnesota
Mississippi – Jackson City employees
Missouri – Kansas City, City employees, St. Louis, City employees + Statewide, All employers with 6 or more employees
Nevada
New Jersey
New York
North Carolina – State Agencies may not request salary history
Ohio – Cincinnati, employers with 15 or more employees, Columbus Same, Toledo Same
Oregon
Pennsylvania State Agencies, Lehigh County any employer, Philadelphia any employer, Pittsburgh any city agency
Puerto Rico
Rhode Island
South Carolina, City Agencies may not seek pay history, Richland County-County employees
Utah, Salt Lake City, City agencies
Vermont
Virginia, State agencies
Washington
Note: The language in these statutes varies, so check the jurisdiction(s) that apply to you for further information.
Nothing in this article is intended to be legal advice. Consultation with qualified legal counsel is recommended for all matters of employment law.