The federal Equal Pay Act, which requires employers to pay men and women equally for equal work, has been the law of the land since 1963. (29 U.S.C. § 206.) Yet since that time, countless studies have shown that a gender pay gap still persists—even when controlling for occupation, experience, and hours worked—and that minority women suffer the most.

To address this problem, a growing number of states and several cities have passed laws that prohibit employers from asking prospective employees for their salary history on job applications, during job interviews, and at any other point during the hiring process. The ban is designed to limit the impact of past pay discrimination on a person's current wages.

In 2016, Massachusetts became the first state to ban employers from inquiring about an applicant's salary history. Since that time, a number of other states—including California, Delaware, Oregon, Vermont, Connecticut, and Hawaii—and cities such as New York, New Orleans, and San Francisco, have enacted similar laws. In the rest of the country, salary questions remain legal—for now. But many more cities and states are expected to follow this trend.

What Salary History Bans Prohibit

The specifics of these laws vary from state to state, but they typically prevent employers from asking for information about an individual’s past or current salary, benefits, or other compensation at any point during the hiring process, including on job applications and in interviews. They also generally bar employers from using other sources, such as an agent or a person's former employers, to discover a person's prior salary. However, employers are still allowed to ask you what salary or benefits you're expecting for the position you've applied for.

Employers who operate in multiple states might need to create different job applications for different states. They can't simply include a question on a job application asking for salary history "unless prohibited by state law," nor can they ask for applicants to provide salary history on a voluntary basis. However, some laws allow employers to ask for salary history information once they've made a conditional offer of employment that includes a specified salary.

In addition to banning discussion about prior salaries, some states impose affirmative duties on employers. For example, in California, the law requires employers to provide applicants with a pay scale for the open position.

Check with an employment lawyer or your state's fair employment office for details about your state's laws.

How to Handle Salary History Questions During Job Applications

Most job applicants hate answering questions about their pay and benefits at previous jobs. They worry that employers will use this information against them, either to offer them as little as possible or to not offer them the job at all. But applicants often fear that refusing to answer such a question might make them seem uncooperative or difficult. Here are a few useful strategies to consider if you're faced with questions about your salary history:

• Know the law. Small employers in particular aren't always aware of the latest changes to the law. If an employer is still asking for salary history in a place where such questions are illegal, feel free to point it out to them by saying something like, "I think there’s a new law that limits these sorts of questions. Let's double-check that before we go any further." An employer that responds negatively to that type of suggestion probably isn’t one you want to work for anyway.
• Avoid the question. Even if the question is legal, you can simply respond that you've always been paid fairly and you're confident that, if offered the job, you could agree on a compensation package that works for both sides.
• Stand your ground. Most employers won't actually insist that you provide an answer. After all, they might be trying to impress you as much as you're trying to impress them. But if they do insist, you're still within your rights to refuse to answer. Just respond by saying: “I'm really not comfortable discussing this topic. I know the market rate for this position, and that's roughly what I'd expect if I came to work here.” If you're completing an online job application that absolutely requires a number in order to move to the next stage, you can just enter a nominal sum, like $1.
• Answer the question. Whether to build rapport or as a negotiating strategy, many job applicants choose to reveal their prior salaries to potential employers. But if you decide to answer the question—even if the employer isn't legally allowed to ask it—do so honestly. If an employer finds out you've lied, your job offer could easily disappear.

Contact an Employment Attorney

If you’ve been required to provide your salary history in violation of the law, if you suspect that you're a victim of illegal wage discrimination, or if you've been asked an illegal interview question, consider contacting an employment attorney to discuss the best way to proceed.