Salary History Ban: What Potential Employers Are & Aren’t Allowed to Ask During the Interview Process

Many states in the U.S. utilize salary history bans to help eliminate pay discrimination. These employment laws prohibit employers from asking job candidates about their salary history. In order to comply with the law and avoid penalties ranging from $100 to over $250,000 for each violation, companies across the country are updating their job applications and hiring policies.

California's salary ban prohibits both private and public employers from asking to view a job candidate's earned salaries at their previous places of employment. If an employer already possesses such information or the job applicant voluntarily discloses it, the information still can't be used to determine a new hire's salary.

Under this law, employers are also required to give applicants pay scale information if they request it. Although employers can’t ask job applicants about their salary history, they can ask job candidates to describe their ideal salary range for the position they are applying or interviewing for.

Under California's salary ban, employers are prohibited from taking the following actions:

  • Asking job applicants how much they earned in their previous jobs
  • Asking a job candidate’s current or former employers about their salary history
  • Asking a job candidate’s current or past co-workers about their salary history
  • Using any salary history information given to them to determine how much to offer a job candidate

Contact Badame Law Group, APC Today for a Free Case Review

At Badame Law Group, APC, our team of skilled attorneys has decades of experience helping clients throughout California uphold their labor rights. If you believe your rights have been violated by an employer, then get in touch with us so we can help you to understand your situation and provide the resources you need to protect your best interests.

Give us a call today at (949) 393-4249 or complete our online form to request your free case consultation.