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.
Salary-history bans exist to stop past pay gaps from following a worker into their next job. California, New York, Washington, Colorado and many cities restrict or prohibit asking what someone currently earns or earned before.
The line is narrow and easy to cross by habit: “what are you making now?” is the kind of warm-up question that feels harmless but can trigger a complaint. What you can almost always ask is what the candidate expects or needs for the role.
Risky phrasing
“What is your current salary?”
Compliant rewrite
What are your salary expectations for this role?
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