Salary history laws in 2026: what employers can and can't ask

Quick answer: More than 21 states and dozens of cities now ban employers from asking about your salary history during the hiring process. If you're in a covered jurisdiction, employers cannot ask what you currently make or what you made at prior jobs, and cannot use prior salary information to set your pay. You are never required to volunteer your salary history even in states without a ban.

Salary history bans exist because prior pay often reflects pay gaps from discrimination or undervaluation at previous employers. Using historical pay to set new pay perpetuates those gaps. Even where there's no legal ban, declining to share salary history is a legitimate negotiating move.

States and cities with salary history bans (as of 2026)

Full state bans (applies to private employers): Alabama, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Pennsylvania (Philadelphia), Rhode Island, Virginia, Vermont, Washington

City/county-level bans (in states without full state bans): Atlanta, Cincinnati, Columbia (SC), Louisville, New Orleans, Toledo, and others. Check your city's human rights office if your state is not listed.

Federal government: Federal agencies are prohibited from using salary history in setting federal employee pay.

State laws vary on key details:

Whether the ban covers only public employers or also private employers
Whether job candidates can voluntarily share their history
Whether the ban applies to internal transfers
Whether it requires pay range disclosure

What "ban" means in practice

When a ban is in effect:

Employers cannot ask: "What is your current salary?" or "What did you make at your last job?"
Employers cannot screen candidates based on prior pay
Employers cannot set your new salary based on prior pay history
If you volunteer the information (some states allow this), the employer typically still cannot use it to set pay

What the ban does not do:

It does not prevent employers from asking about your salary expectations
It does not require employers to pay more than they planned to
It does not give you a private right of action in all states (some only allow complaints to a labor agency)

Pay transparency laws: the related change

Several states with history bans also now require employers to disclose salary ranges in job postings or upon request:

| State | What's required | |---|---| | Colorado | Salary range + benefits in all job postings | | New York | Salary range in job postings | | California | Pay range in job postings, must provide on request | | Washington | Pay scale in job postings |

Where transparency laws apply, you should see a salary range in the job listing. If you don't see one, the employer may be non-compliant or the role may be exempt (some states exempt certain employer sizes or roles).

How to handle the salary history question when asked

If you're in a covered jurisdiction: You are not required to answer. A polite response: "I understand salary history questions aren't part of the hiring process in [state]. I'm happy to discuss my expectations for this role -- based on my research, I'm targeting [range]." You do not need to be adversarial; redirect to expectations.

If you're not in a covered jurisdiction: You still don't have to answer, but there's no legal protection. Options:

Decline: "I prefer to keep that confidential, but I can share my expectations."
Deflect: "My compensation was a package including equity and benefits -- hard to reduce to a single number. What range did you have budgeted?"
Redirect: "I'd rather focus on what's right for this role and my current experience level."

If you've been underpaid: Declining to share history is especially important here. If you share a below-market salary, many employers will anchor their offer near that number even if their budget is higher. Your past pay has no bearing on what you're worth today.

When voluntarily sharing may help

In a small number of situations, sharing history works in your favor:

You're coming from a high-paying role and want to signal that lowball offers won't work
You're transitioning from a high-paying field (e.g., finance to nonprofit) and want to explain why your expectations are higher than the typical nonprofit hire

Even in these cases, sharing your expectations rather than your history gives you more control. "My current total compensation is around $X, which reflects the market for my role" is different from answering "What is your base salary?"

What to say when asked about salary expectations

Being asked for salary expectations is legal everywhere and is different from history questions. This is an opportunity, not a trap:

Research first. Use SalaryCheck to check market rates for your role, experience level, and location.
Give a range. State your researched range with your target at the lower third: "Based on market data, I'm targeting $X to $Y, with $X being the floor."
Anchor high. Anchoring high leaves room to land where you want. Anchoring with your actual floor eliminates negotiating room.

For more on navigating the salary negotiation after the offer, see how to negotiate a salary offer.

Frequently asked questions

What if my employer asks for salary history and I'm in a state with a ban?

You can decline to answer. If the employer continues to press or conditions the interview on your answer, you can file a complaint with your state's labor department or attorney general's office. In some states (like Massachusetts), there is also a private right of action allowing you to sue.

Can my employer verify my salary history through background checks?

Yes, some background check companies offer salary verification through payroll data. However, an employer using a background check to obtain salary history in a ban state likely violates the law. If you discover an employer did this, consult an employment attorney.

If I voluntarily share my salary history, can the employer use it?

In most ban states, no -- the employer still cannot use history to set your pay even if you volunteer it. In a few states, voluntary disclosure is treated differently. Check your specific state's law.

Does the salary history ban apply to promotions within my current company?

Generally, no. Most laws cover external hiring, not internal transfers or promotions. Some jurisdictions (like New York City) have broader coverage -- check local rules.

Is it legal for job applications to have a required salary history field?

In states with bans, mandatory salary history fields on applications violate the law. If you encounter one, you can leave it blank, enter "N/A," or file a complaint. Some bans explicitly prohibit making salary history submission a condition of application.