is it legal to ask applicants their current pay?

✅ Ask Us: "Is it legal to ask applicants for their current pay rates?" sent in by Melissa D., Amazon distribution center interviewer.

Thornton: "Yes, in most states it is still legal for an employer to ask job applicants for their current rate of pay. However, in a growing number of jurisdictions it is not. And, to be a bit flip, who cares?

Several cities have passed laws banning employers from asking job applicants for their salary history.

The rationale behind these laws is to prevent pay discrimination based on previous salaries - and thus to promote pay equity.

It is important to note that even where it is legal to ask applicants for their current rates of pay, it may not be ethical, fair or a good business practice (both HR and PR) to do so.

Asking for salary history can perpetuate existing pay disparities and can disadvantage certain groups of applicants, such as women and people of color, who have historically been paid less than their counterparts. This is not a characteristic your company wants to be known for publicly.

As an alternative, employers often ask applicants about their salary expectations of the role they are applying for - or to provide a desired salary range for the position upfront. This line of questioning must not be "coy code" for asking about current pay, however.

Pay is to be based on job requirements and applicant qualifications rather than previous salary. Or any other irrelevant factors."