State and Local Salary History Bans

September 18, 2018

 

The practice of using salary history in the hiring process can have major repercussions in perpetuating the pay gap many women and people of color face in their careers. Relying on salary history to set future salary assumes that prior salaries were fairly established in the first place. Using salary histories, which may have been tainted by bias, means that discriminatory pay follows workers wherever they go, whatever their job, no matter their abilities. Curtailing this practice will go a long way in our fight for pay equity.

As such, beginning in 2016, many states and localities began regulating the use of salary history in the hiring process. While there are differences between the provisions, below is a list of states and localities that regulate the practice in some form.

Beginning in 2016, many states began regulating the use of salary history in the hiring process. This map illustrates states that regulate the practice in some form.

State Provisions

  • California – all employers in the state
  • Connecticut – all employers in the state
  • Delaware – all employers in the state with more than four employees
  • Hawaii – all employers in the state
  • Massachusetts – all employers in the state
  • New Jersey – all state agencies, as established through executive order
  • New York – all state agencies, as established through executive order
  • Oregon – all employers in the state
  • Puerto Rico – all employers in the territory
  • Pennsylvania – all state agencies, as established through executive order
  • Vermont – all employers in the state

To see a full breakdown of state pay equity laws, visit our Policy Guide to Equal Pay in the States.

Local Provisions

  • San Francisco, California – all employers in the city
  • Chicago, Illinois – all city agencies
  • Louisville, Kentucky – all city agencies
  • New Orleans, Louisiana – all city agencies
  • Kansas City, Missouri – all city agencies
  • Albany County, New York – all employers in the county
  • New York, New York – all employers in the city
  • Westchester County, New York – all employers in the county
  • Philadelphia, Pennsylvania – all employers in the city
  • Pittsburgh, Pennsylvania – all city agencies
  • Salt Lake City, Utah – all city agencies

Take Action

  • Use your state road map as a springboard to write a letter to the editor or an op-ed calling for your members of Congress to take action on the pay gap.
  • Become an AAUW Two-Minute Activist and tell your elected officials to support the ongoing fight for fair pay.

 


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Kate Nielson By:   |   September 18, 2018