Salary history bans and what to say instead
A salary history ban restricts an employer from asking what you were previously paid, and in several jurisdictions from relying on it to set your offer without telling you. The effect is that the offer must be built from the role's value and the market instead of your last pay slip.
Where the rules exist
A large group of states and cities has some version, including California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Nevada, New York, Oregon, Rhode Island, Vermont and Washington, plus many cities. The rules differ in three important ways, and each one changes your answer.
- Ask versus rely. Some ban the question outright. Others allow the question but let you refuse, or bar reliance without disclosure.
- Scope. Some cover applicants only, others reach current employees and internal promotions.
- Remote coverage. Several apply to a role that could be performed in the state, which is why a national employer often applies the strictest rule it touches.
Enforcement is normally through the state labour or civil rights agency rather than a private claim, so the practical route when an employer asks anyway is a written note and, if it matters, a complaint.
What to say when asked
Three options, in order of preference.
- Deflect to your band. My last package was below market for this scope; for this role I am looking at a band of $95,000 to $110,000.
- State the band and name the schedule. Say what you want, then ask whether that fits the approved range for the role. That gets their number out of them.
- Give the total. If pushed hard, quote total compensation including bonus and match rather than base alone, because it reframes the comparison in your favour.
Never do this
- Quote a single number instead of a band.
- Accept without asking about the band and the review date.
- Give a history figure that was below market without saying so in the same sentence.
If they insist
Decline politely in writing and confirm the role can still be assessed on the market rate. Employers rarely withdraw an offer over a missing history figure, and the ones that press hardest are usually anchoring low.