Salary History Ban in Connecticut: What Employers Can Ask

Federal law does not impose a blanket salary history ban. The Equal Employment Opportunity Commission (EEOC) does not prohibit salary history inquiries at the federal level, though certain uses of historical wages may violate federal anti-discrimination laws under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, if the practice has a disparate impact on protected classes. Federal contractors subject to Executive Order 11246 are required to provide wage data but are not banned from asking salary history questions.

The federal government does not establish a minimum employer size threshold for salary history restrictions, and no federal agency directly enforces salary history bans as a standalone violation. However, the EEOC may investigate salary history inquiries if an employee believes they were subjected to discrimination based on a protected characteristic. Remedies under federal discrimination law include back pay, front pay, compensatory damages, and attorney's fees.

Connecticut General Statutes section 31-128 imposes one of the nation's strictest salary history bans and goes significantly further than federal law. The Connecticut statute applies to all employers in Connecticut, with no minimum employee threshold—even single-person operations are covered.

Under section 31-128(a), employers are prohibited from: (1) seeking or requesting salary history information from job applicants; (2) obtaining salary history information from any source without authorization; (3) relying on, considering, or otherwise using salary history when making hiring, promotion, or compensation decisions; and (4) asking applicants to disclose salary history during the recruitment or interview process.

Connecticut's law is significantly stronger than federal baseline protections in three critical ways. First, it is a blanket prohibition—not tied to protected class status or disparate impact, as federal anti-discrimination laws are. Second, the statute explicitly forbids employers from obtaining prior wage information from third parties (like background check companies, former employers, or reference checks) and using it in decision-making. Third, Connecticut law protects applicants even before hire; federal protections primarily apply to employees already in the workplace.

The law does include a narrow exception: if an applicant voluntarily and without solicitation discloses their prior salary, an employer may legally listen but cannot affirmatively seek that information. Additionally, employers may verify employment history and tenure with prior employers but cannot ask those employers about wages paid.

Remedies available under Connecticut law include: civil penalties of up to $500 per violation, which can accumulate if an employer violates the law against multiple applicants; cease and desist orders issued by the Connecticut Department of Labor; and the right for affected employees or applicants to bring a private civil action for damages.

Connecticut's salary history ban includes very limited exceptions. The primary exception is if an applicant voluntarily discloses salary history without being asked or prompted by the employer—the employer may listen and potentially use that information. However, the employer must never seek, request, or encourage such disclosure.

Another exception applies to information an applicant provides on their own initiative in writing. If an applicant independently includes prior salary in a cover letter, resume, or application without being prompted, an employer may consider it, though the safest practice is to disregard it entirely.

Connecticut law does not carve out exceptions for specific industries, company sizes, or types of positions. Public employers and governmental bodies in Connecticut are covered and must comply. Union-represented employees receive protection under the statute even if a collective bargaining agreement exists, though a union may negotiate different compensation structures separately.

One important edge case: employers may verify dates of employment and job titles with prior employers but absolutely cannot ask those employers what wages were paid. If a prior employer volunteers wage information unsolicited, an employer theoretically may receive it, but Connecticut best practice is to instruct previous employers not to disclose wages.

The law does not prevent employers from discussing salary ranges for the position being filled or from asking applicants what salary they expect to earn in the new role. Asking "what are your salary expectations for this position?" is lawful; asking "what did you earn at your last job?" is not.

Private right of action: An employee or applicant may sue an employer directly for violations, and an employer's good faith belief that salary history was not used is not a defense if the employer requested or obtained that information.

Step 1 — Document the violation: Keep all job application materials, email communications with recruiters or hiring managers, interview notes, and any written job descriptions or phone screens. If asked about salary history, write down the date, time, person who asked, exact question asked, and your response. Save screenshots of job postings that ask for salary history. Document any rejection letters or communications that might indicate salary history was used in decision-making. Preserve voicemails, text messages, or other communications where salary history was discussed.

Step 2 — Internal complaint process: Before filing a formal complaint, review the company's internal complaint or grievance procedures, usually found in the employee handbook. If you are an applicant (not yet hired), you may contact the company's HR department in writing to report the violation and request that the inquiry not occur in future hiring. If you are a current employee whose compensation or promotion was affected by salary history consideration, file an internal complaint with your HR department documenting which manager or person used salary history in that decision. Keep a copy of any internal complaint you submit. Request written acknowledgment of receipt. Internal complaints are not required by law but may strengthen a future claim and show the employer had notice.

Step 3 — File with the Connecticut Department of Labor (CONN-OSHA): The primary state agency enforcing the salary history ban is the Connecticut Department of Labor. You may file a formal complaint in writing, by mail, email, or phone. File at: Connecticut Department of Labor, 200 Folly Brook Boulevard, Wethersfield, CT 06109; phone (860) 263-6000; or submit online complaint at ct.gov/dol. You must provide: (1) your name, address, and contact information; (2) the employer's name, address, and contact information; (3) the date(s) the salary history inquiry or violation occurred; (4) specific details of what was asked, who asked it, and in what context (phone interview, written application, in-person meeting); (5) any documentation (emails, notes, witness names); (6) what harm resulted (job not offered, lower salary, passed over for promotion). There is no filing deadline specified in statute, but filing promptly (within 1-2 months of the violation) is prudent to preserve evidence and witness recollection. The complaint is free to file.

Step 4 — Investigation process: Once filed, the Department of Labor will assign the complaint to an investigator. The investigator will contact the employer and request: their hiring records, job application materials, interview notes, emails, recordings of interviews if any, and a written response to the allegations. The investigator will contact you for any additional details. The investigation typically takes 30-90 days, though complex cases may take longer. The employer will be asked to explain whether salary history was sought, from whom, and how it was used. If the department finds a violation, it will issue a Notice of Violation and a civil penalty order for up to $500 per violation. The employer has a right to appeal. You will be notified of the outcome in writing.

Step 5 — Consult an employment attorney: If the violation resulted in economic harm (you were not hired and lost wages, or were hired at a lower salary because of prior wages), consult a Connecticut employment law attorney to evaluate a private civil lawsuit. You may recover actual damages (lost wages), attorney's fees in some cases, and potentially emotional distress damages. If the employer retaliated against you for complaining about the salary history violation, consult an attorney immediately, as retaliation may be a separate violation. Many Connecticut employment attorneys work on contingency (no upfront cost; they take a percentage of the settlement or judgment). Contact the Connecticut Bar Association for a referral or search for attorneys specializing in employment discrimination and wrongful termination.