New Laws Ban Salary History Inquiries

April 16, 2018

Numerous states and cities—including California, Delaware, Massachusetts, Oregon, Puerto Rico, New York City, Philadelphia, and San Francisco—have recently passed laws prohibiting all employers from requesting an applicant’s salary history during the hiring process.

Although the laws vary, each prohibits an employer from inquiring about an applicant’s current or prior earnings or benefits. Such inquiries are generally prohibited regardless of whether the request is made by the employer or an agent acting on its behalf; is made to the applicant or others possessing information about the applicant’s current or prior earnings or benefits; or is implied or voluntary request for information.