States With Salary History Bans (2025)
Salary history bans prohibit employers from asking about or using your prior pay in compensation decisions. Even in states without bans, you can decline to share this information in most cases. The key is redirecting the conversation to market value.
- Full bans (private and public employers): CA, CO, CT, DE, HI, IL, MA, MD, ME, MN, NJ, NY, OH, OR, PA, VA, VT, WA
- Public employer only bans: several additional states
- No state ban but many city bans: NYC, Philadelphia, Chicago, and others
- Even without a ban, you generally cannot be required to disclose salary history
Redirecting to Market Value: The Script
When asked about current or past salary, redirect to market value: 'I prefer to focus on what’s competitive for this role in this market. Based on my research, I understand roles like this pay $X–$Y in this area. I’m targeting the upper end of that range given my [specific experience/credentials].' This is professional, legal, and positions you more strongly than disclosing a potentially below-market prior salary.
If you’re transitioning from hourly to salary, know your annualized compensation (including OT and benefits value) before any negotiation conversation. This gives you a concrete anchor without revealing a specific past salary — you’re presenting your total compensation package value.
Using Market Data as Your Anchor
Prepare salary range research from at least three sources: BLS Occupational Employment Statistics, Glassdoor, and LinkedIn Salary. If all three show the same role paying $55K–$72K, you can confidently state this range without referencing your current pay. The employer knows the market — presenting data-backed expectations positions you as informed and professional.
Convert Your Hourly Rate to a Salary Anchor
Know your annualized total compensation before every salary negotiation.