Pay Equity Laws

Location

Statewide

Bill

HB 225

Effective

10/1/2019

Violations

Employers may not refuse to interview, hire, promote, or employ an applicant, or retaliate against applicant, because applicant does not provide compensation history.

Penalties

Damages equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation.

Voluntary Disclosure

This is not presently addressed.

Interview Guidelines

(not addressed)

Location

San Francisco

Bill

No. 170350

Effective

7/1/2018

Violations

Seek pay history of a candidate. Pay history does not include revenue, sales or other production reports.

Penalties

Warning and notice to correct for first violation; $100 for second violation; up to $200 for third violation; up to $500 for each subsequent violation; legal and equitable relief.

Voluntary Disclosure

Employers may rely on information gathered via voluntary disclosure. This is not a violation.

Interview Guidelines

Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law.

Location

Statewide

Bill

AB 168

Effective

1/1/2018

Violations

Seek a candidate’s salary history including compensation and benefits

Penalties

Salary inquiries – unpaid wages and interest, plus an equal amount as liquidated damages and attorney fees.

Voluntary Disclosure

This is not presently addressed.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

SB 1162

Effective

1/1/2023

Violations

• Seek compensation history of an external applicant.
• Rely on compensation history to determine whether to extend offer or salary offer, unless voluntary disclosure.
• Fail to provide pay-scale, meaning salary or hourly range that the employer reasonably expects to pay for the position, upon reasonable request by an applicant.
• Fail to provide pay-scale, meaning the salary or hourly range that the employer reasonably expects to pay for the position, for a current employee’s position upon request by a current employee.
• If the employer has 15 or more employees, fail to include the pay scale, meaning the salary or hourly range that the employer reasonably expects to pay for the position, in any job posting.
• If the employer has 15 or more employees and engages a third party to post job postings, fail to provide the pay-scale to the third party.
• Fail to maintain records of job title and wage history for each employee for the duration of employment plus three years after.

Penalties

Civil penalty of $100-$10,000 per violation (amount depends on totality of circumstances, including but not limited to whether employer has previous violations).

Voluntary Disclosure

Not a violation. May rely on voluntary disclosure. Prior salary cannot justify any disparity in compensation.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

Senate Bill 19-085

Effective

1/1/2020

Violations

Employers may not rely on compensation history to justify a disparity in current compensation; seek compensation history; rely on compensation history to determine compensation; discriminate or retaliate for failing to disclose salary history; retaliate against employee assisting in enforcing the act; retaliate against employee who inquires about or discloses compensation; prohibit employee from disclosing compensation; fail to disclose salary range.

Penalties

Back pay; damages equal to difference between amount paid and amount employee would have received plus liquidated damages; legal and equitable relief; costs and attorneys’ fees.

Voluntary Disclosure

Not addressed; likely violation to rely on unprompted voluntary disclosure.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

Public Act No. 18-8

Effective

01/01/2019

Violations

Inquire or direct a third party to inquire about an applicant’s compensation history

Penalties

Compensatory damages; attorney’s fees; costs; punitive damages

Voluntary Disclosure

Not a violation

Interview Guidelines

Employer may inquire about compensation structure but not the value of compensation elements

Location

Statewide

Bill

HB 1

Effective

12/14/2017

Violations

Seek pay history of a candidate from applicant or former or current employer, including benefits and other compensation.

Penalties

Salary inquiries – civil penalty from $1,000 to $5,000 for first offense; $5,000 to $10,000 for each additional violation.

Voluntary Disclosure

Employers may not rely on information, even if it is voluntarily disclosed, until employment offers have been made and accepted.

Interview Guidelines

(not addressed)

Location

District of Columbia

Bill

D.C. Bill 25-194; D.C. Act 25-367

Effective

June 30, 2024 (pending a 30-day congressional review period)

Violations

• Screen applicants based on wage history, including by requiring an applicant’s wage history to satisfy minimum or maximum criteria.
• Request or require an applicant to disclose wage history information as a condition of:
o being interviewed; or
o continuing to be considered for an offer of employment.
• Seek an applicant’s wage history from a prior employer.

Penalties

No private right of action, but Attorney General may seek injunction; compensatory damages; costs and attorneys’ fees; civil penalty of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation.

Voluntary Disclosure

(not addressed)

Interview Guidelines

(not addressed)

Location

Statewide

Bill

2017 SB No. 2351

Effective

01/01/2019

Violations

Inquire about compensation history; rely on compensation history in negotiation of employment contract unless applicant voluntarily discloses compensation history; retaliate

Penalties

Injunction; back pay; costs and attorney fees

Voluntary Disclosure

Not a violation

Interview Guidelines

Not presently addressed

Location

Statewide

Bill

Public Act 101-0177

Effective

10/29/2019

Violations

Employers may not screen applicants based on salary history; require salary history to meet a minimum or maximum criterion; seek or require pay history.

Penalties

Back pay and interest; compensatory damages; punitive damages; injunctive relief; costs and attorneys’ fees; up to $10,000; civil penalties ranging from $500 to $5000 for each violation.

Voluntary Disclosure

Not a violation, but the employer may not rely on the disclosure.

Interview Guidelines

(not addressed)

Location

New Orleans

Bill

MJL17-01

Effective

1/25/2017

Violations

Seek pay history of candidates; or question candidates about salary history during the application process

Penalties

There are no penalties at this time.

Voluntary Disclosure

This is not presently addressed.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

Legislative Document 278

Effective

10/17/2019

Violations

Employers may not use or inquire about compensation history of an applicant, either directly from the applicant or from a current or former employee, before offer with all terms of compensation has been “negotiated and made to the prospective employee”. It is not a violation to inquire about compensation history if the employer is required to do so pursuant to any federal or state law that specifically requires compensation history for employment purposes.

Penalties

$100-$500 per violation, BUT a single violation is also evidence of unlawful employment discrimination, which could support a claim to the Maine Human Rights Commission.

Voluntary Disclosure

Not addressed; likely violation to rely on unprompted voluntary disclosure.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

HB 123

Effective

10/01/2020

Violations

Employers must provide a wage range for the position upon inquiry. They cannot retaliate because an applicant did not provide wage history or requested the wage range. It is also a violation for employers to rely on wage history in screening, determining wages or seek wage history orally, in writing or through current/former employer.

Penalties

Letter compelling compliance for first violation; civil penalty up to $300 for each applicant for whom employer is not in compliance for second violation; civil penalty up to $600 for each applicant for whom employer is not in compliance for each subsequent violation.

Voluntary Disclosure

Not a violation, but employer still may not rely on this information.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

2017 Chapter 177

Effective

7/1/2018

Violations

Seek a candidate’s salary history; condition an interview or consideration of an offer on the disclosure of salary history

Penalties

Salary inquiries and unfair pay – unpaid wages and interest, plus an equal amount of those wages and interest as liquidated damages; attorney fees.

Voluntary Disclosure

This is not presently addressed.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

S.F. 2909

Effective

1/1/2024

Violations

• Seek compensation history from an applicant—including external applicants and current employees seeking an internal promotion or transfer—for the purpose of determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Consider compensation history in determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Require disclosure of compensation history in determining wages, salary, earnings, benefits, or other compensation for the applicant.
• Violations include inquiring into, considering, or requiring disclosure from any source (including, in the case of a current employee seeking an internal promotion or transfer, the hiring manager’s knowledge of the applicant’s current compensation, or the company’s human resources department or another division) of the pay history of an applicant for employment for the purposes of determining wages, salary, earnings, benefits, or other compensation for that applicant.

Penalties

Civil penalty to be determined by an administrative law judge; damages for mental anguish or suffering; costs and attorneys’ fees; punitive damages up to $25,000; back pay; hiring, reinstatement, or upgrading other relief as determined by the judge.

Voluntary Disclosure

Not a violation. The employer may consider and act on that voluntary disclosure to support a wage or salary higher than initially offered to the applicant.

Interview Guidelines

(not addressed)

Location

Kansas City

Bill

Ordinance No. 190380

Effective

10/31/2019

Violations

Employers with six or more employees may not inquire about an applicant’s salary history; screen job applicants based on their current compensation or salary histories, including any requirement that prior compensation or salary history satisfy minimum or maximum criteria; rely on an applicant’s salary history in deciding whether to offer employment, or in determining compensation during the hiring process, including the negotiation of the employment contract; refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary.

Penalties

Fine of up to $500.00, imprisonment of up to 180 days, or a combination thereof.

Voluntary Disclosure

Not a violation.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

NV LEGIS 293

Effective

10/1/2021

Violations

Seek compensation history from applicant; rely on compensation history to determine offer or rate of pay; retaliate; not providing compensation rate to applicant after completing interview or to current employee seeking promotion / transfer if asked.

Penalties

Not more than $5,000 administrative penalty for each violation; costs and attorneys’ fees; civil remedies available under Title VII.

Voluntary Disclosure

Not addressed but employer still may not rely on this information.

Interview Guidelines

(not addressed)

Location

Jersey City

Bill

Ordinance No. 22-036, § 148-4.1

Effective

4/13/2022

Violations

For employer with 5+ employees to
• Screen job applicants based on their current compensation, or salary histories, including requiring that an applicant’s prior compensation or salary history satisfy minimum or maximum criteria.

Penalties

Violations to be reported to Office of Code Compliance.

Voluntary Disclosure

(not addressed)

Interview Guidelines

(not addressed)

Location

Statewide

Bill

A1094

Effective

1/1/2020

Violations

Employers may not screen an applicant based on applicant’s compensation history; require applicant’s compensation to satisfy any criteria; consider or retain publicly available compensation history.

Penalties

Civil penalty not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation; back pay; treble damages; costs and attorneys’ fees.

Voluntary Disclosure

Not a violation. Applicant may provide pay history to employment agency, but agency cannot report history without written consent.

Interview Guidelines

(not addressed)

Location

Albany

Bill

Local Law No. P for 2016

Effective

12/17/2017

Violations

Employers of at least four employees may not seek pay history of a candidate from any current or former employer.

Penalties

Compensatory damages, reinstatement (with or without back pay) and oversight by Albany Commission on Human Rights. Potential private right of action.

Voluntary Disclosure

This is not presently addressed.

Interview Guidelines

(not addressed)

Location

New York City

Bill

Intro. 1253

Effective

10/31/2017

Violations

Seek pay history of a candidate, including wages, benefits and other compensation; search for publicly available records to obtain compensation history; or rely on salary history during any stage of the hiring process unless disclosed willingly

Penalties

Salary inquiries – up to $125,000 for civil penalties; up to $250,000 for “intentional malicious violations”.

Voluntary Disclosure

Employers may rely on information gathered through voluntary disclosure. This is not a violation.

Interview Guidelines

Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law.

Location

Statewide

Bill

2019-6549

Effective

1/6/2020

Violations

Employers may not rely on applicant’s compensation history in determining whether to hire an applicant, or wages or salary for that individual; seek or require pay history as condition of offer of employment, or of employment or promotion; seek or require pay history from a current or former employer; retaliate based on pay history; retaliate because of refusal to provide pay history.

Penalties

An applicant, or a current or former employee, may bring a civil action for damages sustained as a result of the violation. The court may award injunctive relief and reasonable attorneys’ fees.

Voluntary Disclosure

Not a violation.

Interview Guidelines

(not addressed)

Location

Suffolk County, New York

Bill

“RISE” Act

Effective

6/30/2019

Violations

May not inquire about applicant’s compensation history, seek compensation history of a candidate from any publicly available record search, or rely on compensation history to determine wages.

Penalties

Civil penalty of $5,000 for the first offense, $10,000 for the second offense, and $20,000 for the third offense; diversity training.

Voluntary Disclosure

This is not presently addressed. Not a violation if done to comply with federal, state, or local laws which mandate salary disclosures for employment purposes.

Interview Guidelines

(not addressed)

Location

Westchester County, New York

Bill

Wage History Anti-Discrimination Law

Effective

7/9/2018

Violations

Employers of at least four employees may not seek pay history of a candidate from any current or former employer.

Penalties

Reinstatement, back pay, compensatory damages, costs, reasonable attorney’s fees, punitive damages, oversight by Westchester County Human Rights Commission. Potential private right of action.

Voluntary Disclosure

Not a violation to rely on a voluntary disclosure to set compensation.

Interview Guidelines

(not addressed)

Location

Cincinnati

Bill

Ordinance No. 83-2019

Effective

3/13/2020

Violations

Employers with 15+ employees may not inquire about an applicant’s salary history, screen job applicants based on their current compensation or salary histories, rely on an applicant’s salary history in deciding whether to offer employment or in determining compensation during the hiring process, including the negotiation of the employment contract. Employers also may not refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary or refuse pay scale upon reasonable request from applicant who has conditional offer of employment.

Penalties

Compensatory damages, reasonable attorney’s fees, costs of the action, and such other legal and equitable relief.

Voluntary Disclosure

Not a violation.

Interview Guidelines

May discuss a candidate’s compensation expectations with respect to salary, benefits and other forms of compensation.

Location

Columbus

Bill

Ordinance No. 0709-2023

Effective

3/1/2024

Violations

For an employer with 15+ employees in the city, or its agent, to
• Ask about an applicant’s salary history, which includes current or prior wages, benefits, or other compensation. Salary history does not include any objective measure of the applicant’s productivity, such as revenue, sales, or other production reports.
• Screen job applicants based on their current or prior wages, benefits, or other compensation.
• Rely solely on the applicant’s salary history in deciding whether to offer employment or in determining wages, benefits, or other compensation for the applicant.
• Refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing salary history to an employer.

Penalties

Civil penalty of up to $5,000; applicants may file administrative complaint with the Columbus Community Relations Commission.

Voluntary Disclosure

(not addressed)

Interview Guidelines

(not addressed)

Location

Toledo

Bill

O-173-19

Effective

6/25/2020

Violations

Employers with 15+ employees may not inquire about an applicant’s salary history, screen job applicants based on their current compensation or salary histories, rely on an applicant’s salary history in deciding whether to offer employment or in determining compensation during the hiring process, including the negotiation of the employment contract. Employers also may not refuse to hire or otherwise disfavor, injure, or retaliate against applicant for not disclosing salary or refuse pay scale upon reasonable request from applicant who has conditional offer of employment.

Penalties

Compensatory damages, reasonable attorney’s fees, costs of the action, and such other legal and equitable relief.

Voluntary Disclosure

Not a violation.

Interview Guidelines

May discuss a candidate’s compensation expectations with respect to salary, benefits and other forms of compensation.

Location

Statewide

Bill

HB 2005

Effective

10/6/2017

Violations

Seek pay history of a candidate from applicant or former or current employer; or screen compensation history of an applicant and determine salary offer based on compensation history

Penalties

Salary inquiries and unfair pay – punitive damages and attorney’s fees

Voluntary Disclosure

Employers may rely on salary information gathered through voluntary disclosure but cannot pressure candidates for it.

Interview Guidelines

(not addressed)

Location

Pennsylvania - Lehigh County

Bill

Lehigh County Human Relations Ordinance, §§ 301, 302.1(O), 307, and 401 to 407

Effective

June 24, 2024

Violations

Ask a job applicant what their salary is or was from any current or previous employment.

Penalties

Compensatory and punitive damages; attorneys’ fees and costs; injunctive relief; restitution; civil fine up to $500 for each violation; willful resistance, prevention, impeding, or interfering with the Commission, or willful violation, can result in conviction of a summary offense and a fine of $100-$500.

Voluntary Disclosure

(not addressed)

Interview Guidelines

(not addressed)

Location

Philadelphia

Bill

No. 160840

Effective

5/23/2017…Enforcement begins 9/1/2020

Violations

Seek pay history of a candidate, including earnings, commissions and fringe benefits; set an interview to contract candidate’s nondisclosure of salary history; or rely on salary history during any stage of the hiring process unless disclosed willingly

Penalties

Salary inquiries – Civil penalties up to $2,000 incurred for each violation. Repeated violations will lead to imprisonment for 90 days.

Voluntary Disclosure

Employers may rely on information gathered via voluntary disclosure. This is not a violation.

Interview Guidelines

Employers may engage candidates in discussions about salary, benefits and other compensation expectations without violating the law. FAQ

Location

Puerto Rico

Bill

Law 16-2017

Effective

1/8/2018

Violations

Seek compensation history of an applicant before offer has been extended with terms of compensation. Compensation includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.

Penalties

Unpaid wages; punitive damages; attorneys’ fees.

Voluntary Disclosure

Not a violation.

Interview Guidelines

(not addressed)

Location

Statewide

Bill

S 0270

Effective

1/1/2023

Violations

Seek pay history of applicant; rely on pay history to screen applicants or determine salary offer; require prior wages to satisfy certain criteria; not provide wage range for position upon applicant request; retaliation

Penalties

Compensatory damages, special damages not to exceed $10,000; equitable relief; attorney’s fees and costs; up to $1,000 for first violation, up to $2,500 for second violation, up to $5,000 for subsequent violations

Voluntary Disclosure

Not a violation; may be used to support higher salary than originally offered

Interview Guidelines

(not addressed)

Location

Statewide

Bill

H.294

Effective

07/01/2018

Violations

Inquire about or seek information regarding an applicant’s compensation history from the applicant or that applicant’s employer(s); require that an applicant’s past compensation satisfy certain criteria; rely on applicant’s compensation history for interviewing

Penalties

Injunction; civil penalty up to $10,000 per violation; back pay; costs; compensatory damages; punitive damages; reinstatement; attorney fees

Voluntary Disclosure

Not a violation

Interview Guidelines

Employers may confirm compensation history after an offer has been extended with terms of compensation

Location

Statewide

Bill

House Bill 1696; House Bill 1905

Effective

7/28/2019; 7/1/2025

Violations

Employers may not rely seek compensation history; require compensation history meet certain criteria. For employers with 15+ employees: fail to provide minimum salary after initial offer upon request of applicant; fail to provide compensation range after transfer offer upon request of employee, or minimum salary if no range exists.

Penalties

Actual damages; statutory damages equal to actual damages or $5000, whichever greater; interest; costs; other relief; reinstatement. Civil penalty up to $500 for first violation; up to $1000 or 10% of damages, whichever greater, for repeat.

Voluntary Disclosure

Employer may confirm compensation history if voluntarily disclosed.

Interview Guidelines

(not addressed)