❌ You cannot:

  • Screen based on compensation history

  • Require prior compensation satisfy certain minimum or maximum criteria

  • Investigate prior salary

  • Retaliate against an applicant who refuses to disclose salary history

βœ… You can:

  • Consider voluntarily disclosed salary history information in determining a salary, but not in making a hiring decision

  • Confirm pay history after an offer of employment has been made (offer must include details on compensation package; written authorization must be obtained from applicant)


The following sites provide additional resources and information.


The resources available here are for informational purposes only and do not constitute legal advice or opinions. For legal advice, please consult with your employment counsel directly.

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