Pay History Ban
Restrictions on employers asking job candidates about current or previous salary history
Why This Matters
Salary history bans address the perpetuation of historical pay discrimination. When employers base new salaries on previous compensation, they carry forward past inequities that may have resulted from discrimination, bias, or market failures. This practice disproportionately affects women and minorities who have historically been underpaid. By breaking the chain of discriminatory pay, these bans help ensure compensation is based on skills, qualifications, and market value rather than prior disadvantaged positions. Research shows that salary history bans reduce the gender pay gap by 8-13% for women changing jobs.
How It's Measured
Compliance is monitored through review of job applications and hiring forms to ensure they don't request salary history, examination of recruiter and hiring manager training programs, investigation of candidate complaints, and auditing of verbal screening processes. Some jurisdictions conduct mystery shopper testing where applicants report whether they were asked about salary history. Enforcement focuses on documented policies, training records, and patterns of violations rather than isolated incidents.
How to Comply & Mitigate Risk
Organizations should: remove all salary history questions from applications and interview guides, train recruiters and hiring managers on compliant interviewing practices, develop market-based compensation offers using salary surveys and internal equity analysis, prepare responses if candidates voluntarily disclose history, implement structured compensation decision frameworks, and establish audit trails documenting how offers are determined. Best practice is to proactively share salary ranges early in the process and focus conversations on candidate expectations and market value rather than past pay.
Common Requirements
Prohibition on salary history inquiries
Ban on screening based on past pay
Voluntary disclosure protections
Exceptions and carve-outs
Jurisdictions with Pay History Ban Requirements
5 jurisdictions have legislation covering this topic area
California (USA)
EnactedNorth America
Key Laws:
- • California Equal Pay Act
- • SB 1162 (Pay Transparency)
- + 1 more
Covers 5 topics
New York (USA)
EnactedNorth America
Key Laws:
- • NY State Pay Equity Law
- • NYC Pay Transparency Law
- + 1 more
Covers 4 topics
Colorado (USA)
EnactedNorth America
Key Laws:
- • Colorado Equal Pay for Equal Work Act
- • SB19-085
Covers 4 topics
Washington (USA)
EnactedNorth America
Key Laws:
- • Washington Equal Pay and Opportunities Act
- • Pay Transparency Law (2023)
Covers 3 topics
British Columbia (Canada)
EnactedNorth America
Key Laws:
- • Pay Transparency Act (2023)
- • Human Rights Code
Covers 4 topics