Is asking my salary history illegal anywhere in the US?

In many states and cities, inquiries or usage are restricted, and several require posted ranges. The rules vary and change, so confirm the current requirement for the state where the role is based before you answer or file anything.

What should I write in a required salary field?

Enter a target range for the role rather than prior pay, and keep it consistent with the number you discuss on calls. If the field forces a single figure, use your target and note in the thread that it is an expectation for this scope.

Does declining the question cost me the offer?

Rarely, and it is the standard move in states with restrictions. Redirect to the posted range and market data once, politely, and keep it brief. Candidates who anchor on the band usually negotiate better than those who disclose history.

Should I report a violation while negotiating?

Keep the two tracks separate. Negotiate in writing with data, and preserve the dated record of the question and your answer. A filing is a later decision, and mixing it into the negotiation usually hardens the position.

Can a recruiter pull the number off-form?

Some ask on calls, outside the application system. The deflection script works in voice the same as in email.

What if an employer uses my history after I told them?

In ban states, usage is the violation. Keep the exchange in writing; file with the state labor agency where applicable (dol.gov keeps the state directory).

Salary History Bans & Pay Privacy in the US

Most US states now restrict employers from asking your prior salary, and many ban using it to set offers. The law is on your side, and the tactic is simple: deflect to the band. This guide maps the rules and gives you the exact language.

The Legal Map

California, New York, Colorado, New Jersey, Illinois, Washington, Virginia, Michigan, and more: salary-history inquiries are banned or usage-restricted for offers. Several also require posting ranges for openings.
Massachusetts: the employer must answer range requests; history questions are restricted.
Federal: pay-transparency norms + the EEOC's guidance on compensation discrimination (eeoc.gov).

In ban states, "what are you making now?" is illegal to ask. In all states, you can decline the question.

The Deflection Scripts

"I'd like to focus on the band for this role — I know market data supports [target], and I'm confident the right range is [band]. What is the posted range?"

"My prior compensation isn't relevant to this level. The range you posted is the number we should negotiate against."

Anchor on band + data (bls.gov, levels), not your personal history. The salary negotiation generator produces the data-anchored variants.

When You Must Disclose

A few contexts: government roles, public-sector pay bands, and internal transfers where compensation is already in your file. Disclose the band, not the personal number: "the role sits at [band], the comp is at that level" reads clean.

Put the rule into action

Pay Transparency Law — what it means and what to do

What To Do When The Question Comes Anyway

Even where the question is restricted, it arrives on a call rather than in the application form. Answer with a redirect, not a confrontation, and then put the exchange in writing.

Redirect to the range: I would rather anchor on the band for this role. What is the posted range?
Redirect to expectations: my target for this scope and market is [number], and that is the number worth discussing.
Do not accuse anyone of a violation on the call. Accusations end negotiations; records do not.
After the call, send one email restating what was asked and what you answered.

The recap email is the evidence, because usage of prior pay is the restricted part in many jurisdictions, not just the asking. Ask for the posted range in writing with the compensation band request, and read the pay transparency definition before the next conversation.

Disclose Expectations, Not Past Pay

There is a version of this conversation that is honest and still protects your leverage: talk about what the role should pay, not what you were paid.

State a target supported by market data for the title and metro, not a wish.
State the floor you would accept, privately; never say it out loud early.
Cite total-package elements: bonus history, refresh grants, match, and premium share.
Where an internal transfer makes your pay already visible, discuss the band and level rather than pretending secrecy.
Where a public-sector role has published steps, name the step you are targeting.

Run the numbers in the salary counteroffer calculator so the target is arithmetically defensible, and send the ask with the salary negotiation email writer. Anchoring on the band keeps the negotiation about the job, which is also how it should look in writing if anyone later reads the thread.

If Your History Was Used To Set The Offer

An offer that mirrors your previous pay instead of the posted range is the usage problem, and you can address it without an argument.

Ask for the posted range and the level definition in writing.
Compare the offer to that range, and cite the gap with numbers, not adjectives.
Note, factually, that you shared prior compensation only because it was requested.
Make one specific ask against the range, with a decision date.
Keep every message in one thread and save the dates.

Where you believe a state restriction was violated, the filing route is the state labor or civil rights agency for the state where you worked; check your state in the state map. A complaint does not negotiate your offer, so run both tracks: the written negotiation ask, and the record. Work the package comparison inside the compensation and negotiation section.

Situation	Say This	Avoid This
Recruiter asks current pay on a call	Redirect to the posted range and your target	Naming your exact current number
Application form has a salary field	Write the target range for the role	Leaving it blank and letting it default
Offer mirrors your prior pay	Ask for the band and level in writing	Accusing the recruiter on the call
Internal transfer with known pay	Discuss the band and the next level	Pretending the number is secret
Public-sector step structure	Name the step you are targeting	Arguing from personal history

For the current text behind these numbers, start with the California Severance Offset rule page and the Colorado Severance Offset rule page, along with the Severance Pay definition. Those sources state the rule in full; this page only points at them.

Frequently Asked Questions

Is asking my salary history illegal anywhere in the US?: In many states and cities, inquiries or usage are restricted, and several require posted ranges. The rules vary and change, so confirm the current requirement for the state where the role is based before you answer or file anything.
What should I write in a required salary field?: Enter a target range for the role rather than prior pay, and keep it consistent with the number you discuss on calls. If the field forces a single figure, use your target and note in the thread that it is an expectation for this scope.
Does declining the question cost me the offer?: Rarely, and it is the standard move in states with restrictions. Redirect to the posted range and market data once, politely, and keep it brief. Candidates who anchor on the band usually negotiate better than those who disclose history.
Should I report a violation while negotiating?: Keep the two tracks separate. Negotiate in writing with data, and preserve the dated record of the question and your answer. A filing is a later decision, and mixing it into the negotiation usually hardens the position.
Can a recruiter pull the number off-form?: Some ask on calls, outside the application system. The deflection script works in voice the same as in email.
What if an employer uses my history after I told them?: In ban states, usage is the violation. Keep the exchange in writing; file with the state labor agency where applicable (dol.gov keeps the state directory).