This law makes it an unlawful employment practice for an employer to screen an applicant based on the applicant’s wage or salary history, including by requiring the applicant’s prior wages, salaries or benefits satisfy any minimum or maximum criteria, or to rely on the applicant’s salary in determining a salary amount for the applicant at any stage in the hiring process. An employer may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant’s salary history, if an applicant voluntarily, without employer prompting or coercion, provides the employer with salary history. An applicant’s refusal to volunteer compensation information shall not be considered in any employment decisions. An employer may also request that an applicant provide the employer with a written authorization to confirm salary history, including, but not limited to, the applicant’s compensation and benefits, after an offer of employment that includes an explanation of the overall compensation package has been made to the applicant. The law’s prohibitions do not apply to applications for internal transfer or promotion with an employee’s current employer, or use by the employer of previous knowledge obtained as a consequence of prior employment with the employer.
STATUS: Enacted
Prohibits employers from asking or requiring job applicants to disclose their salary history during the application process and prohibits reliance on prior salary in setting pay, with some exceptions.