Salary history bans: where employers cannot ask what you earned

Whether an employer can legally ask "What are you making now?" depends on where the job is. A long list of states and several cities ban the question, and some go further by barring employers from using your old pay at all, even if you bring it up yourself. This guide is for job seekers who want to know their rights where they live and what to say when the question comes up anyway.

The short answer: in states such as Washington (since July 28, 2019), Illinois (since September 29, 2019) and Maryland (since October 1, 2020), private employers generally cannot ask. In other states there is no ban, or the ban covers only government jobs. Check your state below, then use the scripts further down.

Quick reference: bans checked against official sources

The table covers jurisdictions whose statute or agency guidance was checked directly for this guide. "Asking" means the employer requests your past pay. "Using" means the employer relies on it to screen you or set your offer.

Rules differ in the details, and laws get amended. Before you act on any row, open the source for your state or city.

What a salary history ban is

A salary history ban limits what an employer can do with your past pay during hiring. The point, as the Illinois Department of Labor explained when its ban began, is to stop old pay gaps from following workers into every new job. If your last employer underpaid you, an offer pegged to that number carries the underpayment forward.

Bans come in two flavors, and many laws combine them:

• Inquiry bans stop the employer from asking. That covers application forms, interviews, recruiters and, in several states, calls to your current or former employer.
• Reliance bans stop the employer from using the number to screen you out or set your pay, even if they learn it some other way.

"Salary history" is often broader than base pay. Illinois also covers benefits and other compensation from past jobs. Philadelphia's ordinance defines wages to include fringe benefits and other compensation, and it treats a question asked "in writing or otherwise" as an inquiry.

States with bans covering private employers

Washington

The Department of Labor & Industries announced that the ban took effect on July 28, 2019, and that it applies to every Washington employer regardless of size. Employers also cannot require that your past pay meet a minimum to apply. L&I's guidance on the Equal Pay and Opportunities Act adds that an application cannot ask about salary history even if the question is marked optional.

Illinois

Illinois employers have been barred since September 29, 2019 from asking about past wages, benefits or other compensation, or using them to screen applicants. The ban reaches recruiters, staffing agencies and reference checks with former employers. It covers part-time, full-time, temporary and permanent roles, but not independent contractors. Two exceptions: pay that is a matter of public record, and current employees applying with the same employer.

Maryland

Maryland's Chapter 67 of 2020 took effect October 1, 2020. Employers cannot seek your wage history orally, in writing, through an agent or from a current or former employer, and they cannot rely on it to screen you or set your pay. The same law requires employers to give you the wage range for the position if you ask.

Connecticut

Connecticut's statute (General Statutes section 31-40z) was amended effective January 1, 2019 to stop employers, or third parties acting for them, from asking about a prospective employee's wage and salary history unless you volunteer it. Employers may still ask about the elements of your pay package, such as whether you have a bonus or equity plan, as long as they do not ask what those elements are worth.

New York State

The bill that created Labor Law section 194-a bars employers from relying on pay history, from asking for it as a condition of an interview, offer or promotion, and from seeking it from your current or former employer. It covers current employees seeking promotion as well as applicants. The bill set the law to take effect 180 days after it became law, and it explicitly includes the state, local governments and public authorities as employers, along with recruiters.

Oregon

The Bureau of Labor and Industries says employers may not ask for your pay history before making an offer, may not screen applicants on it, and may not set pay for a new hire based on it. The law applies to every employer with one or more employees working in Oregon. Internal transfers and promotions are the exception: an employer may consider what it already pays you.

Colorado

Under the Equal Pay for Equal Work Act, the Colorado Department of Labor and Employment says employers may not ask about an applicant's pay history, rely on it to set a wage rate, or retaliate against a prospective employee who declines to share it. The department notes that the Act was significantly amended in 2023, so older fact sheets may be out of date.

Other states to check

Several other states have laws that reach private employers, including California (Labor Code section 432.3), Massachusetts, New Jersey, Delaware, Vermont, Hawaii, Maine, Nevada, Rhode Island and Minnesota, along with the District of Columbia and Puerto Rico. Alabama's law is narrower: it focuses on employers refusing to interview or hire you because you declined to share your pay history. This guide does not break these laws down, so confirm the scope and effective date on your state labor department or legislature website before you rely on one.

Bans that cover only public employers

Some bans apply only to government jobs. Virginia's rule covers state agencies, and governors in Pennsylvania and North Carolina have used executive orders to stop state agencies from asking. If you live in a state like that, a private employer can generally still ask, but a state agency cannot. New York's statewide law is the reverse case: it explicitly covers both private and public employers.

Cities and counties with their own bans

Local ordinances matter most in states without a statewide ban, and they can add a second place to complain where a state law also exists.

• Philadelphia. Under the city's Wage Equity Ordinance, a hiring employer, a staffing or employment agency, or anyone acting for them cannot question you about what you earn now or earned before. It also bars relying on your pay history to set wages unless you knowingly and willingly disclosed it. Pennsylvania has no statewide private-sector ban, so the ordinance is the main protection for jobs in the city.
• New York City. The city has its own salary history law under its Human Rights Law, enforced by the NYC Commission on Human Rights, on top of the state ban.
• Other cities with private-sector bans include San Francisco; Kansas City, Missouri; and Columbus, Toledo and Cincinnati in Ohio. Some New York counties, including Westchester, Suffolk and Albany, adopted bans before the statewide law.
• City-government-only bans exist in places such as Pittsburgh, Atlanta and New Orleans. These protect applicants for city jobs, not private-sector jobs in those cities.

Some states, including Michigan and Wisconsin, have laws that stop cities and counties from adopting their own salary history rules for private employers. If you work in a city that is not on any list, assume there is no local rule until you confirm it with the city's human rights or labor office.

What employers can still ask

A ban rarely means pay cannot come up. Under most of these laws, an employer can still:

• Ask what you want to earn. Illinois and Oregon guidance both say that asking about your salary expectations is allowed.
• Tell you the range. Illinois allows employers to share the pay and benefits for the role and discuss your expectations. Maryland requires employers to give you the range on request.
• Ask about the structure of your current package. Connecticut allows questions about whether you have a bonus, commission or equity, just not their value.
• Confirm a number you volunteered. Washington, New York and Maryland all allow some form of verification once you have offered the figure (details in the next section).
• Use pay they already know. Oregon and Illinois both allow an employer to consider the current pay of its own employees applying internally. Illinois also excludes pay that is public record, which matters if you are a public employee whose salary is published.
• Follow other laws. New York, Connecticut and Philadelphia carve out situations where another federal, state or local law requires or specifically authorizes disclosure or verification of pay history.

If you volunteer your salary

Volunteering is legal everywhere in the table. What the employer can do with the number is where the laws split:

"Voluntary" has to mean voluntary. Illinois guidance says a disclosure the employer prompted does not count. A recruiter who asks "Just ballpark, what are you at now?" is still asking.

Example (hypothetical): You work in Baltimore, and a company's first offer comes in below your current base salary. Because Maryland allows an employer to rely on volunteered history after an initial offer to support a higher figure, you could say: "My current base is higher than this offer, and I'd need to be above it to move. I'm happy to share the number." The employer may verify it. If your current pay were below the offer, you would simply not mention it and negotiate from the posted range and market data.

The rule of thumb: share your current pay only when it helps you, and only after you have an offer or a posted range to anchor on.

What to say if you are asked anyway

Employers break these rules, sometimes from habit and sometimes from not knowing. You do not have to answer, and in Illinois, Maryland, New York and Colorado the law specifically protects you from retaliation for declining. Keep it friendly and steer toward what you want.

Redirect to expectations: "I'd rather focus on what this role pays. Based on the scope and my experience, I'm looking at $X to $Y. What range do you have budgeted?"

Ask for the range first: "Before we talk numbers, can you share the range for this position? That'll help me see whether we're aligned."

Name the law, gently: "I understand employers in [state] can't ask about salary history, so I'll keep it to my expectations, which are around $X."

On an application form: leave the field blank or write "Prefer to discuss expectations." If the form will not submit without an answer, take a screenshot and raise it with the recruiter instead of typing a number. Do not invent a figure; a false answer can cause bigger problems later.

With a third-party recruiter: the same rules apply in Illinois, Maryland and New York, where recruiters and agents are covered. "I'm keeping my current pay private. My target for this move is $X."

Before you name a number, research the market so your expectation is grounded. Our negotiation section covers how to build and state a salary expectation, and pay trends tracks how these laws change.

If you are asked, write down the date, who asked, how (form, call, email) and the exact wording. Save screenshots of application questions. You may never use the notes, but they matter if you file a complaint.

Where to report a violation

Each jurisdiction has its own route, and filing deadlines can be short. If you think an employer broke the rule, contact the agency below for your state, a union if you have one, or an employment lawyer. They can tell you whether your situation is covered and what remedies exist; this guide cannot predict the outcome of a complaint.

Most of these laws also bar retaliation for filing a complaint. If you were rejected after declining to share your pay, say so in the complaint and attach your notes.

The bigger trend: from hiding history to posting ranges

Salary history bans were the first wave. The second wave requires employers to show pay up front. New York's Labor Law section 194-b requires most employers to list pay ranges for advertised jobs, promotions and transfers, and Washington requires employers with 15 or more workers to share salary information with certain applicants and employees. Colorado requires pay in job postings and reports 3,049 pay transparency complaints filed since January 1, 2021, in a table updated October 7, 2026.

For you, this changes the order of the conversation. In more and more places, you will see a range before anyone asks about your pay, which makes it easier to decline the history question and negotiate from the posted number.

What to do next

• Find your state and city above, then open the official source and confirm the current rule and any amendments.
• Decide your target number before the first screening call, using the posted range and market pay data.
• Practice one redirect line until it feels natural.
• Leave salary history fields blank or write "prefer to discuss expectations."
• Share current pay only if it is higher than what they are offering, and only after an offer, where your state allows it.
• Keep notes of any history question and contact your state agency or a lawyer promptly if you think the law was broken.