Connecticut Bans Salary History Inquiries

Effective January 1, 2019, Connecticut will become the latest state to ban all employers from asking job candidates about their current pay, or prior salary history, unless federal or state law expressly permits the inquiry. It also prohibits employers from using third parties, such as recruitment agencies, to obtain such information. Employees may, however, voluntarily disclose the data. P.A. No. 18-8.

Although prohibiting salary inquiries, employers may still generally ask about other elements of compensation, such as whether an employee receives stock options, variable compensation, deferred compensation, or specific benefits, but may not ask about their value.

Employers may discuss the compensation of the prospective job, and determine the candidate’s pay expectations.

Employers violating the law are subject to compensatory and punitive damages, attorneys’ fees and costs, and other equitable relief as determined by the court. Employees must bring suit in a court of competent jurisdiction within 2 years of the illegal inquiry. There is no administrative remedy.

The new law was passed as part of a recent movement to end gender pay discrimination by forcing employers to now make job offers based on the value of the job, and not prior compensation, which historically was lower for women.

For more information contact scott@schaffer-law.comor 860-216-1965