PolicyBrief
H.R. 2219
119th CongressMar 18th 2025
Salary History Question Prohibition Act
IN COMMITTEE

Prohibits employers from using a prospective employee's wage history to determine wages, unless the employee voluntarily provides the information to support a higher wage after a job offer has been made with compensation.

Eleanor Norton
D

Eleanor Norton

Representative

DC

LEGISLATION

Bill Proposes Ban on Salary History Questions, Sets $5K-$10K Fines for Violations

A proposed law, the "Salary History Question Prohibition Act," aims to change a common hiring practice by making it illegal for employers to ask about or use your past salary information when deciding whether to hire you or how much to pay you. It amends the Fair Labor Standards Act, defining "wage history" simply as what past employers paid you. The core idea is to base compensation on the job's value and your qualifications, not on potentially lower wages earned previously.

Say Goodbye to the Salary Question?

Under this bill, employers generally couldn't ask for your salary history – not on applications, not in interviews. They also couldn't use any past wage info they might have to screen you out or decide your starting pay. There's a specific exception: after you receive a job offer that includes compensation details, you can choose to share your prior salary if you think it helps negotiate a higher wage. The bill also explicitly protects you from retaliation if you push back against unlawful practices related to this rule (section 15(a)(3) protection).

Putting Teeth Into It: Penalties for Violations

This isn't just a suggestion; the proposal includes financial penalties for employers who don't comply. A first offense could cost an employer a civil penalty of $5,000, with subsequent violations potentially reaching $10,000. Beyond government fines, the bill allows affected job applicants or employees to sue. If successful, they could receive special damages up to $10,000, plus attorney's fees, and potentially other relief like court orders to stop the illegal practice.

Shifting the Focus: From Past Pay to Present Value

The goal here seems to be leveling the playing field, particularly for individuals who might be stuck in lower pay cycles due to historical wage gaps. By removing past salary from the equation, the focus shifts to what the job is worth and what skills the candidate brings now. While this could mean fairer starting salaries for many applicants, it also requires employers to adjust their hiring and compensation strategies, relying more on market data, role requirements, and candidate qualifications rather than past paychecks.