Salary history bans prohibit employers from asking what you currently or previously earned, and often from relying on it even if volunteered. They exist in many states and cities and nowhere federally. The point is not politeness: anchoring an offer on prior pay carries forward whatever produced that pay, which is why several equal pay statutes now exclude it as a justification for a difference.
What they typically prohibit
Asking the applicant. Asking a previous employer or a reference. Searching public records for it. And relying on it to set pay even where the applicant offered it unprompted — though this varies, and some laws permit reliance on information volunteered without prompting.
Most also require, on request, that the employer provide the pay range for the role, which is why these rules and posting rules are usually discussed together.
Why they exist
Because setting pay from prior pay reproduces it. Someone underpaid once carries that number into every subsequent offer, and the effect compounds across a career regardless of anyone’s intention at any single step.
How to answer when you are asked anyway
Recruiters in covered jurisdictions still ask, sometimes without knowing the rule. Two workable responses:
Redirect to the range. “I’d rather focus on the range for this role — what has been budgeted?” Neutral, and it puts the number where it belongs.
Give expectations, not history. “I’m targeting X based on the market for this role and my scope.” You are entitled to name a figure; you simply do not have to name your last one.
Neither answer requires you to mention the law, and mentioning it rarely helps at that moment.
If you volunteer it
In some jurisdictions the employer may then rely on it. So volunteering a low figure to appear cooperative can lawfully anchor the offer — the protection is against being asked, not against your own disclosure.
Where it still matters most
Anywhere with no ban, where the question is lawful and the redirect is simply a negotiating choice. The technique is the same either way, which is why it is worth learning rather than looking up.
Common questions
Is there a federal salary history ban?
No. They exist at state and city level only, and coverage varies considerably between them.
What exactly is prohibited?
Typically asking you or a former employer, searching for it, and relying on it to set pay — though rules on volunteered information vary.
How should I answer the question?
Redirect to the range for the role, or give your expectations rather than your history. You may name a figure without naming your last one.
What if I volunteer my salary?
In some jurisdictions the employer may then rely on it, so volunteering a low figure can lawfully anchor the offer.
Why do these bans exist?
Because setting pay from prior pay reproduces it, and the effect compounds across a career regardless of intent at any single step.