In an effort to close the gender pay gap, a growing number of U.S. cities, states, and territories have passed measures that bar employers from inquiring into a job candidate’s compensation history. While employers are not prohibited from discussing salary expectations, HireRight suggests a best practice of refraining from inquiring about a candidate’s previous compensation. We recommend that organizations consider the following restrictions in consultation with their legal counsel as they may impact their screening program.

1. California An employer shall not, orally
or in writing, personally
or through an agent, seek
salary history information,
including compensation and
benefits, about a candidate
for employment.
No. Yes, a candidate can voluntarily
and without prompting disclose
salary history. If this happens, the
employer may consider or rely on
that information in determining
the salary for that candidate.
January 1,
2018
In an effort to close the gender pay gap, a growing number of U.S. cities, states, and territories have passed measures that
bar employers from inquiring into a job candidate’s compensation history. While employers are not prohibited from discussing
salary expectations, HireRight suggests a best practice of refraining from inquiring about a candidate’s previous compensation.
We recommend that organizations consider the following restrictions in consultation with their legal counsel as they may
impact their screening program.
For a comprehensive examination of all Pay Equity legislation by state, region, and municipality, please download HireRight’s
free eBook, Pay Equity Legislation 2017.
Jurisdiction Can Employer Inquire
Directly?
Is Public Record or Prior
Employer Verification Allowed?
Can Employer Use Information
Disclosed by Candidate?
Effective
Date
Delaware
New York City
Massachusetts
Oregon
No, cannot seek the
compensation history of a
candidate. Employers cannot
screen a candidate based on
their compensation history.
No, employer may not ask
candidate directly about his or
her compensation history.
No, cannot ask a candidate
about salary history until after
negotiation; cannot require
that a candidate’s prior wage
or salary meet certain criteria.
No, cannot inquire directly but
can confirm past written offer,
which includes a negotiated
and agreed-upon salary.
No, cannot ask current or former
employer of the candidate or
employee.
No, NYC considers it a discriminatory
employment practice to conduct a
search of publicly available records
or reports.
No, cannot ask candidate’s current
or former employer.
No, cannot ask candidate’s current
or former employer.
Not specified; the law allows
confirmation of wages post-offer.
Yes, employer can rely on
compensation history if candidate
“unprompted” and “willingly”
discloses prior compensation
information.
Yes, if candidate “voluntarily
discloses” information, employer
may confirm after offer of
employment with compensation
has been made.
Employer may not confirm
salary history before offer of
employment is made, even if
candidate voluntarily discloses
the information. Employer
can, however, confirm prior
compensation after an offer
with compensation has been
made, and candidate provides
authorization.
December 1,
2017
October 31,
2017
January 1,
2018
Effective
January 1,
2019 but not
enforced until
January 1,
2024
Pay Equity Legislation Overview

2. Jurisdiction Can Employer Inquire
Directly?
Is Public Record or Prior
Employer Verification Allowed?
Can Employer Use Information
Disclosed by Candidate?
Effective
Date
Puerto Rico No, cannot ask candidate
about salary history until after
negotiation; cannot require
that a candidate’s prior wage
or salary meet certain criteria.
No, cannot ask candidates
about their current or past
salary.
No, cannot ask candidate’s
current or former employer.
Yes, if candidate “voluntarily
discloses” information, employer
may confirm after offer of
employment with compensation
has been made.
Act is currently
in effect but
will not be
enforced until
March 2, 2018
San Francisco No, cannot ask candidates
about their current or past
salary.
No, cannot seek the
information from any source.
If a candidate voluntarily—and
without prompting—shares his or
her salary history, the prospective
employer may consider it and
may verify that data with a prior
employer.
January 1,
2018
Tip Sheet: Pay Equity Legislation Copyright © 2017 HireRight, Inc. All Rights Reserved.
About HireRight
HireRight delivers global employment background checks, drug testing, education verification, and electronic Form I-9 and
E-Verify solutions through an innovative platform to help companies hire the right candidates, so they can grow successfully, and
efficiently—no matter their size or where they operate. HireRight offers extensive screening solutions that can be tailored to the
unique needs of the organization, giving employers additional peace of mind about their people and vetting processes. HireRight’s
platform can be integrated with existing HR platforms, making it easy to use and giving candidates the best possible experience.
HireRight is headquartered in Irvine, CA, with offices across the globe. Learn more at www.HireRight.com.
*Philadelphia has passed a pay equity measure that restricts an employer’s ability to inquire into and verify a candidate’s compensation history.
That measure is currently stayed pending a court challenge. Employers should prepare for the measure in the event that it becomes effective.
Information current as of 11/07/2017
HireRight prepared this communication for informational purposes only. This communication is not intended to be comprehensive, and is not a
substitute for, and should not be construed as, legal advice. HireRight does not warrant any statements in this communication. Employers should
direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application of laws or
regulations, and any additional legal requirements that may apply.
Reproduction and distribution of this publication in any form without prior written permission is prohibited.
Pay Equity Legislation Overview