What You Need to Know About Salary History Bans

Some U.S. cities and states have established a salary history ban in an effort to close the wage gap between men and women. Rather than determine a salary range for a position based on education, experience and skills, many employers will ask for your previous salary. This perpetuates the wage gap, as women make about 20% less than men; women of color make even less.

If you’re put in this situation, do not disclose your salary. Divert the conversation to the new job instead. For example:

“My current position is a bit different than this position because I will be doing X, Y and Z. What is the salary range for this position?”

You should also know the salary range for similar jobs in that market. The Ask Cindy Gallop chatbot is a great resource for finding out the average salary for someone in your zip code, as is Glassdoor. If the employer is insistent on you giving a number, this is a good way to divert as well:

“The average salary for this position in [city] is $XX,XXX. Is this in line with your budget?”

Make the hiring manager focus on the job at hand, not your current salary. However, you should also know your rights. These are the states and cities where employers can receive a fine if they ask about your salary history:

States

  • California: Private and public employers cannot ask for your salary history, starting in January 2018.

  • Delaware: Private and public employers cannot ask for your salary history, starting in December.

  • Massachusetts: Private and public employers cannot ask for your salary history, starting in July 2018.

  • Oregon: Private and public employers cannot ask for your salary history, starting in January 2019.

  • Puerto Rico: Private and public employers cannot ask for your salary history, starting in March 2018.

Cities

  • New Orleans: The city banned salary history inquires for city departments and contract workers.

  • New York City: Private and public employers cannot ask for your salary history, as of Oct. 31.

  • Philadelphia: Private and public employers cannot ask for your salary history, as of May. However, the ban is frozen due to a lawsuit against the city.

  • Pittsburgh: City agencies cannot ask for your salary history.

Have you negotiated for a salary before? What are your tips for dealing with a pushy hiring manager? Sound off in the comments or head over to our Facebook group.

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