Salary History Ban

States and Cities with Restrictions

InCheck first reported on the salary history ban trend in 2017. Since then there has been a significant increase in state and local legislation prohibiting prospective employers from inquiring into an applicant's salary history. These laws generally prohibit such inquiries during the hiring and negotiating process. Below is an overview of some recent bans:

Reference Links & Historical Updates

Cincinnati, OH

Effective March 2020, employers within the city, including job placement and referral agencies, with fifteen or more employees may not ask applicants about their salary history and may not rely on known salary histories. When requested, employers must provide a pay scale for a position for which an applicant has been provided a conditional offer of employment. Read more here.

Toledo, OH

Effective June 25, 2020, employers with fifteen or more employees are prohibited from inquiring about or using salary history to screen job candidates, in deciding whether to offer employment, or in determining salary, benefits, or other compensation during the hiring process. Employers are also prohibited from refusing to hire or retaliating against a candidate if they do not disclose their salary history. The applicable pay scale must be made available to individuals who have received a conditional offer of employment. The law does not apply to internal transfers or promotions within an organization, or to positions for which a collective bargaining agreement governs salary, benefits, or other compensation. Read more here. 

 
 
 
 

The following jurisdictions have passed laws
restricting the use of salary history information in the hiring process:

 

Alabama

Albany County, NY

California

Cincinnati, OH

Colorado

Connecticut

Delaware

Hawaii

Illinois

Kansas City, MO

Maine

Massachusetts

 

New Jersey

New York

New York City, NY

Oregon

Philadelphia, PA

Puerto Rico

San Francisco, CA

Suffolk County, NY

Toledo, OH

Vermont

Westchester County, NY

Washington