Massachusetts Enacts Law Prohibiting Past Salary Inquiries

Massachusetts became the first state to enact legislation prohibiting employers from obtaining past salary information. The Act seeks to undo income disparity between males and females.

The Act bolsters the Federal Equal Pay Act, originally passed in 1963 and adds language "prohibiting certain inquiries of the applicant and past employers regarding:

  1. Past wage/salary history;
  2. Past benefits;
  3. any other past component of compensation."

Such inquiries may, however, be made after written consent from the applicant has been obtained and after an offer of employment has been made.

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