In recent years, the question of whether employers can ask for salary history during the hiring process has been a hot topic among job seekers, employers, and lawmakers alike. This practice, once a standard part of job applications and interviews, has come under scrutiny for its potential to perpetuate wage discrimination and inequality. The debate centers on whether knowing a candidate’s past earnings can unfairly influence the salary offer, potentially reinforcing existing pay gaps based on gender, race, or previous underpayment.
The Law
The legality of asking for salary history varies significantly by jurisdiction. In an effort to combat wage discrimination and promote equal pay for equal work, several states, cities, and localities in the United States have enacted laws and ordinances that prohibit employers from requesting salary history information from job applicants.
Here’s a list of states that have implemented state and/or local salary history laws. Some laws may pertain to certain employers or city agencies, so be sure to check with your local government.
- Alabama – State Law
- California – State and Local Law
- Colorado – State Law
- Connecticut – State Law
- Delaware – State Law
- District of Columbia – District Law
- Georgia – Local Law
- Hawaii – State Law
- Illinois – State and Local Law
- Kentucky – Local Law
- Louisiana – Local Law
- Maine – State Law
- Maryland – State and Local Law
- Massachusetts – State Law
- Michigan – State Law
- Mississippi – Local Law
- Missouri – Local Law
- Nevada – State Law
- New Jersey – State and Local Law
- New York – State and Local Law
- North Carolina – State Law
- Ohio – Local Law
- Oregon – State Law
- Pennsylvania – State and Local
- Rhode Island – State Law
- South Carolina – Local Law
- Utah – Local Law
- Vermont – State Law
- Virginia – State Law
- Washington – State Law
Arguments For and Against
Arguments For
Promoting Equal Pay: Advocates argue that removing the salary history question can help close the wage gap. If employers base their offers on the value of the job and the qualifications of the candidate rather than past earnings, it could lead to more equitable pay.
Encouraging Transparency: By focusing on what an employer is willing to pay for a role, rather than what a candidate previously earned, the hiring process becomes more transparent. Candidates can negotiate based on the role’s value and their worth, rather than being anchored to their past salary.
Arguments Against
Employer Challenges: Some employers argue that salary history is a valuable tool in assessing a candidate’s market value and ensuring that salary offers are in line with industry standards. Without this information, they fear they might either overpay or risk losing candidates by underbidding.
Negotiation Dynamics: Critics of bans on salary history questions also contend that such laws could complicate the negotiation process. They argue that knowing a candidate’s salary expectation—a question still allowed—doesn’t fully replace the context that salary history can provide.
Navigating the New Norms
For job seekers in areas where asking for salary history is banned, it’s important to be prepared to discuss salary expectations instead. If you are still asked your salary history, politely change the conversation to your salary expectation. The idea is to put more value on your market value and being able to articulate a salary range based on the role, experience, and skills, rather than past earnings.
Conclusion
The movement towards banning the question of salary history is part of a broader effort to ensure fair and equitable pay for all workers, regardless of their background or how much they earned in their last job. While the transition requires adjustments from both employers and job seekers, the ultimate goal is a more inclusive and fair job market. As this trend continues to spread, it’s likely we’ll see further changes in how salaries are discussed and negotiated in the hiring process. Remember check with your state, city and/or county. The law is always evolving.
See Also:
- How To Write A Thank You Email After An Interview
- 5 Illegal Interview Questions and How To Answer Them
This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.