Is It Illegal to Ask About Previous Salary During a Job Interview in the U.S.?

During a job interview, one common question asked by potential employers is whether it is legal to inquire about a candidate's previous salary. This has been a subject of debate, especially with the rise of laws and regulations that aim to end the cycle of low wages and equal pay gaps.

Current Legal Standards

For now, in most states in the United States, it is legal for employers to ask about a candidate's previous salary during a job interview. However, many cities and states are currently considering or have enacted laws prohibiting this practice. These laws aim to protect candidates from a cycle of low wages, where their previous salary becomes a determining factor for their new salary.

Impact on Fair Wage Negotiations

Asking about a candidate's previous salary can seriously damage their ability to negotiate a fair wage. It might lead to employees accepting salaries lower than what they deserve based on their skills and performance. For example, in California and possibly some other states, if a candidate requests it, the employer is legally required to provide a compensation range for the role.

How to Prepare for the Interview

One of the best strategies to approach a job interview is to conduct thorough research and come prepared. Historical data on salary ranges for the position at the candidate's level can be found online. This information can empower the candidate to negotiate a fair wage and walk away from an underpaying offer if necessary.

It's also important to consider location-specific factors, as the cost of living can significantly impact salary expectations. For instance, someone living in a big city might need to account for expenses like parking and public transportation, which can affect the salary range.

Employer’s Responsibility

Employers are legally required to pay employees what they are worth, not based on their current salary. This is particularly relevant for candidates who are seeking new opportunities because they are underpaid or looking for better conditions. Employers should have a good understanding of the market rate for the position and be prepared to make a fair offer.

During the interview, it's crucial for the interviewer to have a reasonable expectation of what a candidate would earn in the role. This would be based on the job level, the company type (non-profit, F500, etc.), and other relevant factors. Employers should have done their homework to understand the market value before the interview.

Conclusion

In conclusion, while it isn't illegal to ask about previous salary in most states, this practice can limit fair wage negotiations and perpetuate pay inequality. Employers are urged to do their research and provide a transparent compensation range to ensure that candidates can make informed decisions. This not only benefits the candidates but also helps build a more equitable and fair job market.