Answers
What you can and can’t ask when hiring.
Straight answers to the questions employers and recruiters actually search for. Each gives the risk category, why it matters, and a compliant way to ask instead. When you want to check a whole job’s questions at once, the auditor does it in seconds.
Pay-transparency rules, state by state
Which states expect a pay range in (or with) the posting, who’s covered, and what non-compliance can cost — with sources.
Do you have to post a salary range in California job postings?
California's pay-transparency law (SB 1162) generally requires employers with 15 or more employees to include a pay scale in job postings. Thresholds and details can change, so confirm how it applies to you.
Read the answerDo you have to post a salary range in Colorado job postings?
Colorado's Equal Pay for Equal Work Act generally requires employers to list a pay range and a general description of benefits in postings for roles that could be performed in Colorado. The law has been amended, so confirm current rules.
Read the answerDo you have to post a salary range in New York State job postings?
New York State's pay-transparency law generally requires employers with four or more employees to include a good-faith salary range in job, promotion and transfer postings. Local rules such as New York City's may add requirements.
Read the answerDo you have to post a salary range in New York City job postings?
New York City's pay-transparency law generally requires covered employers (around four or more employees) to include a good-faith salary range in postings for jobs that can be performed in the city. The statewide New York law may also apply.
Read the answerDo you have to post a salary range in Washington State job postings?
Washington's Equal Pay and Opportunities Act generally requires employers with 15 or more employees to include the wage scale or salary range and a general description of benefits in job postings. Confirm the current thresholds and details.
Read the answerDo you have to post a salary range in Illinois job postings?
An amendment to the Illinois Equal Pay Act generally requires employers with 15 or more employees to include pay scale and benefits information in job postings. The requirement is relatively new, so confirm the current rules.
Read the answerDo you have to post a salary range in Maryland job postings?
Maryland's Wage Range Transparency law generally requires employers to disclose a wage range and a general description of benefits in postings for roles performed at least partly in Maryland. Confirm the current details.
Read the answerDo you have to post a salary range in Minnesota job postings?
Minnesota's pay-transparency law generally requires employers with 30 or more employees to include a starting salary range (or a fixed rate) and a general description of benefits in job postings. The requirement is relatively new, so confirm current rules.
Read the answerDo you have to post a salary range in New Jersey job postings?
New Jersey's pay-transparency law generally requires covered employers (around 10 or more employees) to include a pay range and a general description of benefits in job postings. The requirement is relatively new, so confirm current rules.
Read the answerDo you have to post a salary range in Washington, D.C. job postings?
The District of Columbia's pay-transparency law generally requires covered employers to state a minimum and maximum salary or hourly pay in job postings, and it restricts asking about pay history. Confirm the current rules.
Read the answerDo you have to post a salary range in Vermont job postings?
Vermont's pay-transparency law generally requires employers with five or more employees to include a compensation range in job postings. The requirement is relatively new, so confirm current rules.
Read the answerDo you have to post a salary range in Hawaii job postings?
Hawaii's pay-transparency law generally requires employers with 50 or more employees to include an hourly rate or salary range in job listings. Some roles are treated differently, so confirm the current rules.
Read the answerDo You Have to Post a Salary Range in Massachusetts Job Postings?
Yes — since October 29, 2025, Massachusetts generally requires employers with 25 or more employees in the state to include a pay range in job postings, including postings placed through recruiters or job boards. The requirement comes from the Frances Perkins Workplace Equity Act and is enforced by the state Attorney General, with escalating penalties for repeat violations.
Read the answerDo You Have to Post a Salary Range in Connecticut Job Postings?
Not yet — as of this writing, Connecticut requires employers to share a wage range when an applicant asks or by the time a compensation offer is made, not in the posting itself. That changes on October 1, 2026, when Public Act 26-12 will generally require every internal or public job posting to include the wage or wage range plus a general description of benefits.
Read the answerDo You Have to Post a Salary Range in Nevada Job Postings?
No — as of this writing, Nevada generally does not require a salary range in the job posting itself. Instead, under SB 293 (NRS 613.133), employers must automatically provide the wage or salary range or rate to any applicant who has completed an interview — without waiting for the applicant to ask.
Read the answerDo you have to post a salary range in Rhode Island job postings?
Not in the posting itself — as of this writing, Rhode Island's Pay Equity Act does not require a salary range in the job ad. But it generally does require you to give the wage range to any applicant who asks, and to every employee at hire, on a move to a new position, and on request during employment.
Read the answerHiring questions and posting language
Is it legal to ask about salary history in an interview?
In a growing number of US states and cities it is illegal to ask a candidate's current or past pay. Asking salary expectations is fine; asking salary history is the risky part.
Read the answerCan you ask a candidate's age or graduation year?
Asking age directly is off-limits, and asking graduation years is risky because it's used to infer age. Ask about the qualifications the job actually needs instead.
Read the answerCan employers ask about arrests or criminal history?
Many “ban-the-box” laws restrict when and how you can ask about criminal history, and asking about arrests that didn't lead to conviction is especially risky. Keep any question narrow, job-related, and properly timed.
Read the answerIs it illegal to ask if a candidate has children?
Questions about children, pregnancy, marital status or childcare are high-risk because they correlate with protected characteristics. Ask directly about the schedule or travel the job requires instead.
Read the answerCan you ask about disabilities or health in a job interview?
Under the ADA you generally cannot ask about disabilities, health conditions or medical history before a job offer. You can ask whether someone can perform the specific functions of the job.
Read the answerCan you ask where a candidate is from or their citizenship?
Asking about birthplace, ancestry or “where are you really from” risks a national-origin claim. You can ask whether someone is legally authorized to work in the country.
Read the answerCan you ask about religion or weekend availability?
You can't ask about religious affiliation or observances. You can ask whether a candidate is available for the specific hours the job requires.
Read the answerCan employers ask about a candidate's credit history?
Several states limit using credit history in hiring, and it's only defensible when it's truly job-related. For most roles, asking about credit, debt or bankruptcy is unnecessary risk.
Read the answerDo you have to include a salary range in a job posting?
It depends where the role can be performed. A growing list of states and cities now require a pay range in the posting itself; many other places don't. If any covered location is in play, the safer move is to include a good-faith range.
Read the answerCan you ask about salary history in California?
California law generally prohibits employers from asking applicants about their salary history and from relying on it to set pay. Asking what someone expects for the role is fine.
Read the answerCan you ask about salary history in New York?
New York State generally prohibits employers from asking applicants, or their current or former employers, about pay history, and from relying on it to set pay. Asking about expectations is allowed.
Read the answerCan you ask about salary history in Washington State?
Washington's Equal Pay and Opportunities Act generally restricts asking applicants about their wage or salary history. You can ask about expectations, and in limited cases confirm history only after an offer.
Read the answerCan you ask about salary history in Massachusetts?
The Massachusetts Equal Pay Act generally prohibits asking about an applicant's wage or salary history before an offer is made. You can ask about expectations, and a candidate may volunteer history on their own.
Read the answerIs it legal to ask about marital status in an interview?
Asking whether someone is married, single or divorced is risky because it can surface sex- and family-related assumptions, and several states protect marital status directly. Ask only about the job's actual requirements.
Read the answerCan you ask if someone is a U.S. citizen in a job interview?
Asking “are you a U.S. citizen?” is risky, because immigration law generally prohibits discriminating on citizenship status. The safer, lawful question is whether someone is authorized to work, asked of every candidate.
Read the answerIs it legal to ask for a candidate's address or ZIP code in an interview?
Asking where a candidate lives early in hiring is risky, because address and ZIP code can act as a proxy for race or national origin. Ask only about the practical requirements the job actually has.
Read the answerIs it legal to ask about gaps in employment?
Asking about a gap in someone's work history isn't itself illegal, but pressing on why can surface protected information like disability, pregnancy or caregiving. Keep the question focused on skills and recent experience.
Read the answerIs it legal to ask about height or weight in a job interview?
Asking a candidate's height or weight is risky, because it can act as a proxy for sex, national origin or disability, and a growing number of places now protect against height and weight discrimination. Ask only about the physical tasks the job actually requires.
Read the answerIs it legal to require a 'recent graduate' in a job posting?
Requiring a 'recent graduate' can be age discrimination, because it screens out older, experienced applicants. Ask for the skills or credential the job needs instead.
Read the answerCan a job posting require a 'native English speaker'?
Requiring a 'native English speaker' is a national-origin discrimination risk. If the job needs strong English, describe the actual skill level instead.
Read the answerIs 'young and energetic' in a job ad age discrimination?
'Young and energetic' is age-coded language that can support an age-discrimination claim. Describe the work and the pace, not the age you picture.
Read the answerIs 'digital native' in a job posting discriminatory?
'Digital native' implies you want someone who grew up with technology, which is a proxy for youth and an age-discrimination risk. Ask for the specific tech skills instead.
Read the answerCan a job posting require 'U.S. citizens only'?
'U.S. citizens only' is usually unlawful. You can require work authorization, but you generally cannot limit a role to citizens unless a specific law or contract requires it.
Read the answerShould a job application ask candidates for a photo?
Asking for a photo on an application invites race, national-origin, age and sex discrimination claims, because it reveals traits you cannot consider. Do not request one before hiring.
Read the answerCan a job posting require 'no criminal record'?
Blanket 'no criminal record' language up front runs into ban-the-box laws in many places. Tie any check to the job and to the timing your jurisdiction allows.
Read the answerIs 'able-bodied' language in a job posting risky?
'Able-bodied' and vague fitness demands are a disability-discrimination risk. State the genuine physical tasks the job requires instead, tied to its essential functions.
Read the answerWhat happens if a job posting has no salary range?
In the growing list of jurisdictions that require pay ranges in job postings — including California, Colorado, Washington, New York, and Illinois — omitting one can lead to agency complaints, civil penalties that generally run from a few hundred dollars up to $10,000 per violation, and in some states private lawsuits. It is the most common issue FairHire's auditor flags, and usually the fastest to fix: add a good-faith range before the posting goes live.
Read the answerDoes a job posting need an EEO statement?
Generally no — for most private employers, no federal law requires an EEO statement in a job posting; it is a widely followed best practice rather than a mandate. Federal contractors are the main exception: even after Executive Order 11246 was rescinded in January 2025, covered contractors generally must still state in job ads that they are equal opportunity employers of protected veterans and individuals with disabilities.
Read the answerWhat is age-coded language in a job posting?
Age-coded language is wording that signals a preference for younger candidates without stating an age limit — phrases like "digital native," "young and energetic," or "recent college graduate." EEOC regulations under the federal Age Discrimination in Employment Act treat ad terms that limit or deter applicants 40 and older as violations, even when no age number appears anywhere in the posting.
Read the answerCan You Say "Competitive Salary" in a Job Posting?
In states with pay transparency posting laws — including California, Colorado, Washington, New York, and a growing list of others — generally no: "competitive salary" is not a pay range, and postings covering those states generally must state actual numbers. Everywhere else the phrase remains legal, but research suggests it quietly shrinks your applicant pool.
Read the answerFor job seekers
Applying to a role? Here’s what the wording in a posting is really telling you — and what to ask before you invest hours in interviews.
Job posting red flags to watch for before you apply
A few patterns in a job posting are worth a second look before you apply: no pay range, vague "competitive salary" language, age-coded wording, and demands that read more like a personality test than a job. None of them are automatically dealbreakers — but knowing what they signal helps you ask better questions.
Read the answerWhat does "competitive salary" mean in a job posting?
"Competitive salary" is a placeholder, not a number — it usually means the employer would rather not commit to a range in the ad. In a growing list of states, roles that can be performed there are supposed to show an actual pay range in the posting, so "competitive" alone can also be a sign the posting is out of date.
Read the answerWhat does it mean when a job posting has no salary range?
A posting with no pay range usually means one of three things: an old template, a company that hasn't set a budget yet, or a role in a state where a range isn't required. In many states, roles that can be performed there are now supposed to include a good-faith range — so a blank can also mean the posting simply hasn't caught up.
Read the answerAge-coded language in job postings: what should applicants know?
Phrases like "digital native," "young and energetic," or "recent grad" are age-coded — they signal a preference for younger candidates without stating an age. They don't mean you shouldn't apply, but they're worth noticing, especially if you're an experienced applicant weighing where to spend your time.
Read the answer