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Salary History Inquiry Restrictions by State and Municipality

Author: Melissa A. Silver, XpertHR Legal Editor

Several states and municipalities have passed laws restricting an employer's ability to seek and/or consider a job applicant's salary history during the recruiting and hiring process. This trend is part of a broader equal pay movement to close the wage gap between men and women who do the same or similar work. The reasoning behind these laws is that if an employer relies on an applicant's salary history to determine compensation, it perpetuates the gender wage gap.

The following chart features states and key municipalities with salary history restrictions that apply to private employers. States that have no salary history restriction are marked N/A.