Salary History Ban in Alaska: What Employers Can Ask

Federal law does not prohibit employers from asking about salary history. The Fair Labor Standards Act (29 U.S.C. § 206) sets a federal minimum wage floor but does not restrict compensation inquiries. Title VII of the Civil Rights Act (42 U.S.C. § 2000e) prohibits discrimination in compensation and other terms of employment based on race, color, religion, sex, or national origin, but does not ban salary history questions themselves.

The EEOC enforces Title VII and has issued guidance noting that salary history inquiries can perpetuate historical pay discrimination, particularly affecting women and minorities. However, this is guidance, not a ban. Employers covered by Title VII (those with 15 or more employees) may face EEOC liability if they use salary history in a discriminatory manner—for example, paying lower salaries to women or minorities based on historical pay gaps.

The Equal Pay Act (29 U.S.C. § 206(d)) requires equal pay for equal work regardless of sex, but does not restrict salary history inquiries. Disparate impact claims under Title VII may arise if salary history use has a disproportionate effect on a protected class, even without discriminatory intent. The EEOC remains the enforcement agency for federal wage discrimination complaints.

Alaska does not have a statewide salary history ban law. Under Alaska Stat. § 18.80.010, Alaska's employment discrimination statute prohibits discrimination based on protected characteristics including race, color, religion, sex, national origin, age (40 and older), marital status, physical or mental disability, and political affiliation. However, this statute does not specifically restrict employers from asking about or considering salary history.

Alaska employers may request salary history from job applicants and current employees. Unlike California (which banned salary history inquiries in 2018), Illinois, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and others, Alaska has not enacted legislation limiting this practice.

However, employers in Alaska cannot use salary history as a basis for pay decisions when doing so would result in discrimination on protected grounds. If an employer pays a woman or minority applicant less based on prior salary alone, and that practice has a disparate impact, the employer may face liability under Alaska's discrimination law or federal Title VII. Additionally, some Anchorage and other municipal ordinances may contain local restrictions; employers should verify local requirements in specific jurisdictions.

Unlike federal law, Alaska Stat. § 18.80.010 covers employers with one or more employee (no size threshold). This means even very small employers in Alaska must comply with anti-discrimination requirements, including not using salary history in a manner that discriminates against protected classes. Remedies under state law include back pay, front pay, compensatory damages, attorney fees, and punitive damages up to $10,000 under certain conditions.

Alaska employers are generally not prohibited from asking about salary history unless local municipal ordinances apply. The primary exception exists when salary history inquiries or reliance on prior salary results in discrimination on a protected ground such as sex, race, national origin, age, disability, or other protected status. This is an indirect prohibition rooted in anti-discrimination law rather than a salary history ban.

Employers can defend salary decisions by demonstrating that they were based on legitimate factors other than prior salary, such as market rates for the position, the employee's qualifications, education, experience in the specific role, performance, or other bona fide occupational qualifications. An employer does not violate Alaska law by asking about salary history; however, they cannot use that information in a manner that perpetuates or exacerbates pay discrimination.

Another important exception: Alaska is an at-will employment state. Employers may decline to hire or may terminate employees for any reason that is not illegal under Alaska Stat. § 18.80.010 or other statutes. Refusing to hire someone because their prior salary was too high or too low is generally permissible unless that refusal is pretextual for discrimination. Additionally, union or collectively bargained agreements may impose stricter requirements on salary inquiries or pay-setting procedures, and those terms would supersede default Alaska law. Federal contractors and subcontractors may face additional restrictions under Executive Order 13665 (now rescinded by Executive Order 14026), but no federal salary history ban currently applies.

Step 1 — Document Everything. Keep copies of all job postings, application materials, emails, and communications related to the hiring or promotion process. Note the dates you applied, when you were interviewed, and any questions asked about your prior salary or compensation. Document your prior salary history and what you earned at previous jobs. If the employer paid you less than expected, note your compensation offer letter, starting pay, and how it compares to similarly situated employees, particularly those outside your protected class. Retain copies of your employment contract, offer letter, and any written communication discussing compensation.

Step 2 — Assess Internal Complaint Options. Review your employee handbook for a grievance or complaint procedure. If one exists, file a formal written complaint with HR or management, clearly stating that you believe the salary decision was discriminatory based on a protected characteristic (sex, race, national origin, age, etc.) and not merely because the employer asked about prior salary. Keep a copy of your complaint and all responses. Document the date and person to whom you submitted the complaint. Internal complaints are not required to preserve your legal claims but may demonstrate the employer had notice of the issue. Some employers will remediate issues at this stage. If the employer has a specific anti-discrimination or EEO officer, direct the complaint to that person.

Step 3 — File with the Alaska Human Rights Commission. The Alaska Human Rights Commission (AHRC) has jurisdiction over employment discrimination claims under Alaska Stat. § 18.80.010. File a charge of discrimination within two years of the discriminatory act. The AHRC's mailing address is 3601 C Street, Suite 1425, Anchorage, AK 99503. Phone: (907) 274-4692. Website: humanrights.alaska.gov. You may file online through their website or by mail or in person. The charge must include: your name, contact information, employer name and address, date of alleged discrimination, description of the alleged discrimination (explain that the employer's reliance on salary history resulted in lower pay for you based on a protected characteristic), and any relevant dates and witnesses. Include the position you applied for or held, the salary offered or paid, and the salary paid to similarly situated employees outside your protected class.

Step 4 — Understand the Investigation Process. The AHRC will assign your charge to an investigator. The Commission typically has 120 days to investigate but may extend this period. The investigator will request information from both you and the employer, interview witnesses if necessary, review payroll records, job descriptions, and hiring documentation. You will likely be asked to provide additional details about your background, qualifications, and the employer's stated reasons for the compensation decision. The employer will be asked to explain its compensation philosophy, market rates, and the factors it considered. The AHRC seeks to determine whether there is probable cause that discrimination occurred. If probable cause is found, the AHRC may attempt conciliation (settlement negotiation) between you and the employer. If conciliation fails, the case may proceed to hearing before an administrative law judge.

Step 5 — Consider Legal Representation and Next Steps. Consult an employment attorney in Alaska if the AHRC investigation progresses or if you wish to strengthen your position. An attorney can help evaluate whether you have a strong discrimination claim, identify comparators (similarly situated employees paid more), gather evidence of discriminatory intent, and prepare for hearing or litigation. If the AHRC issues a determination in your favor, the employer may be ordered to provide back pay, front pay, compensatory damages for emotional distress, and attorney fees. If the AHRC finds no probable cause or if you disagree with the outcome, you have the right to file a civil action in Alaska state court within certain time limits. Federal claims under Title VII can be filed with the EEOC (www.eeoc.gov or 1-800-669-4000) simultaneously or after state proceedings.