Salary History Bans by State and Country (2026)
Pay history rules now vary by jurisdiction. Employers in several US states, parts of Canada, and the EU should stop asking for current or past pay.
Salary history rules at a glance
The table below compares pay history rules in the US, Canada, the EU, the UK, Ireland, Australia and New Zealand. Use it to see which locations restrict asking about or relying on past pay before you write a job ad or interview script.
| Country | Pay history questions | Notes |
|---|---|---|
| United States | Banned in 20 states, DC, Puerto Rico and several cities | No federal ban for private employers |
| Canada | Banned in British Columbia, Prince Edward Island and New Brunswick | Ontario has no ban |
| European Union | Banned under the Pay Transparency Directive | Applies as each member state transposes it |
| United Kingdom | Allowed | A ban is proposed |
| Ireland | Allowed for now | Ban coming with the EU directive |
| Australia | Allowed | Separate rules protect employees discussing their own pay |
| New Zealand | Allowed | No ban proposed |
Last checked 5 November 2026. This is general information for employers, not legal advice. Check with employment counsel in each country before you rely on it.
United States: salary history bans by state
In the US there is no federal ban on asking about pay history. 20 states, DC and Puerto Rico have bans covering private employers. In most of these locations, do not ask a candidate or a past employer about current or past pay. Many of these laws also bar relying on pay history to set salary. You may ask about pay expectations. Most states let you use pay history a candidate volunteers, but Illinois and Colorado do not allow reliance on it. Alabama employers may ask, but cannot refuse to hire someone who declines to answer. Virginia's ban has applied since 1 July 2026. A remote role open to candidates in a ban state is covered by that state's law.
| State | In force | What is banned | Pay the candidate volunteers | Law |
|---|---|---|---|---|
| Alabama | 1 Sep 2019 | May ask, but may not refuse to interview or hire someone who declines to answer | May be used | Ala. Code 25-1-30 |
| California | 1 Jan 2018 | No asking (directly or through an agent) and no relying on it | May be considered, not relied on alone | Lab. Code 432.3 |
| Colorado | 1 Jan 2021 | No asking and no relying on it | May not be relied on | C.R.S. 8-5-102 |
| Connecticut | 1 Jan 2019 | No asking, unless the candidate volunteers it | May be considered | C.G.S. 31-40z |
| Delaware | 14 Dec 2017 | No asking or screening by pay history | May be confirmed after an offer with pay | 19 Del. C. 709B |
| Washington DC | 30 Jun 2024 | No screening by or seeking pay history, from the candidate or past employers | May not be sought | D.C. Law 25-138 |
| Hawaii | 1 Jan 2019 | No asking and no relying on it (internal moves excepted) | May not be relied on | HRS 378-2.4 |
| Illinois | 29 Sep 2019 | No screening, requiring or seeking pay history | May not be considered | 820 ILCS 112/10 |
| Maine | 17 Sep 2019 | No asking until after an offer that includes pay | May be confirmed after the offer | 26 MRSA 628-A |
| Maryland | 1 Oct 2020 | No asking and no relying on it | May be confirmed after an offer to support a higher wage | Lab. & Empl. 3-304.2 |
| Massachusetts | 1 Jul 2018 | No asking | May be confirmed | MGL c.149 s.105A |
| Minnesota | 1 Jan 2024 | No asking, considering or requiring pay history | Candidate may volunteer it to negotiate | Minn. Stat. 181.172 |
| Nevada | 1 Oct 2021 | No asking and no relying on it | May not be relied on | NRS 613.133 |
| New Jersey | 1 Jan 2020 | No screening by or requiring pay history (internal moves excepted) | May be verified | N.J.S.A. 34:6B-20 |
| New York | 6 Jan 2020 | No asking and no relying on it (internal moves excepted) | May be used only to support a higher wage | Labor Law 194-a |
| Oregon | 1 Jan 2019 | No asking (internal moves excepted) | May be confirmed in writing after an offer with pay | ORS 659A.357 |
| Rhode Island | 1 Jan 2023 | No asking and no relying on it | May be confirmed after an offer, only to support a higher wage | R.I. Gen. Laws 28-6-18.1 |
| Vermont | 1 Jul 2018 | No asking | May be confirmed after an offer with pay | 21 V.S.A. 495m |
| Virginia | 1 Jul 2026 | No asking (candidate or past employers) and no relying on it | May be used only to support a higher wage | HB 636 / SB 215 (2026) |
| Washington | 28 Jul 2019 | No asking | May be confirmed, or after an offer during negotiation | RCW 49.58.100 |
| Puerto Rico | 8 Mar 2018 | No asking | May be verified, or after an offer | Act 16-2017 |
No other state has a ban that covers private employers. Pennsylvania and North Carolina apply bans to state agencies only, and Michigan and Wisconsin bar cities from passing their own.
City and county bans
These cities have their own bans for private employers. Westchester, Suffolk and Albany counties in New York had bans before the state law, which now covers them.
| City or county | Covers |
|---|---|
| New York City | All employers (state law also applies) |
| Philadelphia | All employers; upheld by the Third Circuit in 2020 |
| San Francisco | All employers (state law also applies) |
| Kansas City, Missouri | Employers with 6 or more staff |
| Cincinnati and Toledo, Ohio | Employers with 15 or more staff |
| Columbus, Ohio | Employers with 15 or more staff, since 1 March 2024 |
| Cleveland, Ohio | Employers with 15 or more staff, since 27 October 2025 |
When a candidate volunteers their pay
When a candidate shares pay history without being asked, do not treat that statement as permission to build the offer on it. In many US states you may use volunteered pay history, but Illinois and Colorado do not allow employers to rely on it. Prince Edward Island also lets candidates volunteer it. Ask no follow-up questions about past pay. Keep your offer based on market data and the candidate's pay expectations.
Canada
British Columbia bans asking about pay history unless it is publicly available. Prince Edward Island has banned it since 1 June 2022, and candidates may volunteer it. New Brunswick's ban applies from 12 June 2026. Ontario has no pay history ban, but its pay range posting rules started on 1 January 2026. For BC, PEI and New Brunswick roles, remove pay history questions from forms and interviews. Ask about pay expectations instead.
| Province | Rule | Since |
|---|---|---|
| British Columbia | No asking about pay history unless it is publicly available | 1 Nov 2023 |
| Prince Edward Island | No asking; candidates may volunteer it | 1 Jun 2022 |
| New Brunswick | No asking unless it is publicly available | 12 Jun 2026 |
| Ontario | No ban (pay ranges required in postings) | n/a |
EU, United Kingdom and Ireland
The EU Pay Transparency Directive bars employers from asking candidates about pay in current or previous jobs. It also requires pay information before the interview. The transposition deadline was 7 June 2026, and most member states missed it. The UK has no ban, but the government has proposed one in its draft Equality (Race and Disability) Bill. Ireland has no ban yet and is preparing legislation that includes the ban. For EU roles, remove pay history questions and provide a pay range before interview.
For pay range rules in job ads, see our pay transparency laws guide, or test an ad with the job ad checker.
Taking pay history out of your hiring process
1. Job ads
Remove any field or line asking for current or past pay from job ad templates. Invite candidates to state their pay expectations instead. In Ontario, include a pay range to meet posting rules that started on 1 January 2026. In EU roles, provide pay information before the interview.
2. Application forms
Delete all questions about current salary, previous salary, or total compensation from online and paper application forms. Replace them with one field for pay expectations. If your applicant tracking system has legacy fields for salary history, hide or archive them. Review forms for each country where you hire.
3. Recruiter scripts
Replace 'What do you earn now?' with 'What pay range would you consider?' in interview guides. Tell recruiters to avoid asking past employers about pay. If a candidate volunteers a figure, do not write it down; move the conversation to pay expectations. For EU member states, provide pay information before the interview.
4. Offer approval
Build offer approval on market data, the candidate's pay expectations, and internal salary bands. Remove any line for current or previous salary from approval templates. In Illinois and Colorado, do not rely on volunteered pay history at all. For EU roles, make sure the pay range was shared before the interview.
5. Recordkeeping
Keep records of the pay range you shared, the candidate's pay expectations, and how the offer was set. Do not log pay history, even if a candidate volunteers it. If an old application or note includes pay history, mark it as not used for the hiring decision.
How Aristo Search sets offers
Aristo Search builds offers around market data for the role, the candidate's stated pay expectations and the employer's budget, so a candidate's pay history never needs to come into it. We agree the range with you before we approach candidates, which keeps the process in line with the bans in the US, Canada and the EU, and gives candidates a straight answer when they ask what the role pays.
More hiring guides and tools
- Pay transparency laws by country
- Non-compete laws by country
- Notice periods and probation by country
- Work visas and sponsorship by country
- Background check laws by country
- Illegal interview questions by country
- Reference check laws by country
- Paid leave by country and US state
- Public holidays 2027 by country
- Cost of hire calculator
- Cost of vacancy calculator
- Job ad pay transparency checker
- Exempt salary threshold checker
Sources
- New York: dol.ny.gov
- Minnesota: revisor.mn.gov
- Washington DC: code.dccouncil.gov
- Virginia: morganlewis.com
- Cleveland: littler.com
- Prince Edward Island: stewartmckelvey.com
- British Columbia: gov.bc.ca
- EU directive: eur-lex.europa.eu
- Ireland: algoodbody.com
Questions employers ask
Is asking about pay history banned everywhere in the US?
No, there is no federal ban. 20 states, DC and Puerto Rico have bans covering private employers. Some cities have their own bans. Pennsylvania and North Carolina apply bans only to state agencies. Remote roles open to candidates in a ban state follow that state's law.
Can I ask a candidate what they expect to earn?
Yes. Most US bans let you ask about pay expectations. Ontario has no pay history ban and its pay range posting rules started on 1 January 2026. The EU directive requires pay information before the interview.
What happens if a candidate volunteers their pay history?
In many US states, you may use volunteered pay history, but Illinois and Colorado do not allow employers to rely on it. Prince Edward Island lets candidates volunteer it. Do not ask follow-up questions. Best practice is to rely on market data and pay expectations.
Does Ontario ban pay history questions?
No, Ontario has no pay history ban. Its pay range posting rules started on 1 January 2026. You can ask about pay history there, but some employers choose not to because remote candidates may be in locations with bans.
Does the UK ban salary history questions?
No, the UK has no ban. The government has proposed banning salary history questions in its draft Equality (Race and Disability) Bill. You may ask for now, but watch for changes. A single cross-border process that avoids pay history reduces risk.
What does the EU directive require before an interview?
The EU Pay Transparency Directive requires employers to provide pay information before the interview. It also bars asking candidates about pay in current or previous jobs. The transposition deadline was 7 June 2026, and most member states missed it. Check local implementing law.
Are Australia and New Zealand affected?
No salary history ban applies in Australia or New Zealand. Australia's Fair Work Act protects employees' right to discuss their own pay, which is a separate rule. You may ask about pay history there, though a single process without it is simpler if you also hire elsewhere.
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