Massachusetts bans employers from asking for salary histories

Senate Bill 2119 – “An Act to Establish Pay Equity” – that made Massachusetts the first state to prohibit employers from asking for applicants’ salary histories during the hiring process. Its goal is to help ensure equal pay between men and women. Women are currently paid on average about 82 percent of what their male counterparts make for comparable work in Massachusetts. Supporters say that the practice of asking for salary history can perpetuate a cycle of lower salaries for women. Under Chapter 149 Section 105A(c), it is an unlawful practice for employers to:

• Screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant’s prior wages, including benefits or other compensation or salary history satisfy minimum or maximum criteria; or request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, that an applicant disclose prior wages or salary history; or
• Seek the salary history of any prospective employee from any current or former employer; but a prospective employee may provide written authorization to a prospective employer to confirm prior wages, including benefits or other compensation or salary history only after any offer of employment with compensation has been made to the prospective employee.