Salary History Ban in Georgia: What Employers Can Ask

Last reviewed: June 2026

Quick Answer

Georgia does not have a state-level salary history ban. Employers in Georgia are legally permitted to ask about your salary history, and there is no state law restricting this practice. However, some cities and counties within Georgia (like Atlanta) have enacted local ordinances prohibiting salary history inquiries for city contractors and employees. Federal law also does not restrict salary history questions.

Key Facts

•Georgia does not have a state-level salary history ban.
•Employers in Georgia are legally permitted to ask about your salary history, and there is no state law restricting this practice.
•Georgia has no state salary history ban threshold.

Federal Law: The Baseline

Federal employment law contains no comprehensive ban on salary history inquiries. The Equal Pay Act, 29 U.S.C. § 206, prohibits pay discrimination based on sex but does not restrict how employers gather compensation information. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., regulates background checks but does not address salary history specifically. The EEOC enforces these laws but has not issued guidance establishing a federal ban on salary history questions. Some federal contractors are subject to Executive Order 11246, which requires non-discrimination in federal contracting, but this does not prohibit salary history inquiries. The primary federal framework focuses on pay equity outcomes rather than the methods employers use to set initial wages.

Georgia Law: What's Different

Georgia state law does not restrict employers from asking job applicants or candidates about their salary history. Unlike states such as California (California Labor Code § 432.3), New York (New York Labor Law § 740), or Massachusetts (Massachusetts General Law Chapter 149, Section 24L), Georgia has no statewide statute prohibiting salary history inquiries. This means private employers, state employers, and local employers operating under state employment law can legally request, solicit, or require disclosure of prior compensation. However, Georgia employers should be aware that certain local jurisdictions within the state have enacted their own salary history bans. The City of Atlanta, for example, has ordinances restricting salary history inquiries for city employees and contractors. Additionally, some Georgia employers may voluntarily adopt salary history ban policies as part of diversity and pay equity initiatives, even though state law does not mandate this practice. The Georgia Commission on Human Rights enforces state employment discrimination laws under the Georgia Payment of Wages Law (Georgia Code § 34-7-2) and other statutes, but these do not address salary history restrictions.

Key Numbers & Thresholds

Georgia has no state salary history ban threshold. No employer size requirement applies. No filing deadline exists for salary history violations in Georgia because they are not prohibited under state law. However, if a salary history inquiry is combined with discriminatory intent based on a protected class (race, color, religion, sex, national origin, age 40+, disability, or genetic information), a discrimination charge must be filed with the Georgia Commission on Human Rights within 180 days of the alleged violation. Local bans in Atlanta and other jurisdictions may have their own deadlines and requirements for complaints.

Exceptions & Special Cases

Georgia's lack of a statewide salary history ban creates broad exceptions to any restriction. Employers in Georgia can ask about prior compensation during recruitment, during interviews, or on application forms. There is no exception for any category of employer, employee, or position under Georgia state law. However, the following important carve-outs apply: (1) Local ordinances may restrict salary history inquiries for city employees or contractors in Atlanta and other municipalities that have enacted local bans—employers must comply with these if operating as city contractors or employees. (2) If salary history inquiry leads to pay discrimination based on a protected class (such as paying women less based on prior salary history, which may perpetuate historical pay gaps), the employer may face liability under the Equal Pay Act or Georgia discrimination law, even though asking itself is legal. (3) Federal contractors subject to Executive Order 11246 must ensure that salary history inquiries do not result in discriminatory pay practices. (4) Some employers voluntarily refuse to inquire about salary history as part of their compensation philosophy, but this is a business choice, not a legal requirement. (5) At-will employment doctrine means employers can make compensation decisions based on any non-discriminatory factor, including prior salary, unless a contract or collective bargaining agreement specifies otherwise.

What to Do If Your Rights Are Violated

Because Georgia has no state salary history ban, there is no violation of state law when an employer asks about prior compensation. However, if you believe the salary history inquiry was part of discriminatory pay-setting, follow these steps: Step 1: Document all communications. Keep copies of job postings, emails, interview notes, and any written requests for salary history. Record the date, time, and substance of any oral requests for salary information. Note the context—whether the question was asked, whether you were required to answer, and whether your refusal to answer resulted in any adverse action. Step 2: Determine if discrimination occurred. Review whether the salary history inquiry coincided with discriminatory treatment based on race, color, religion, sex, national origin, age (if 40+), disability, or genetic information. For example, if salary history was used as a pretext to pay a woman less based on prior salary, this may constitute sex discrimination under the Equal Pay Act. Step 3: File a charge with the Georgia Commission on Human Rights (GCHR) if discrimination is suspected. The GCHR accepts discrimination charges at https://dol.georgia.gov/dhrs/complaints or by phone at (404) 232-4930. You must file within 180 days of the alleged discriminatory act. Provide your name, contact information, the employer's name and address, the date of the alleged violation, and a detailed description of how the salary history inquiry was connected to discriminatory treatment. Step 4: File a complementary charge with the EEOC if federal law discrimination is involved. The EEOC Atlanta District Office serves Georgia and can be reached at 1-800-669-4000 or online at www.eeoc.gov. You have 180 days to file in Georgia (a non-deferral state for some claims). Step 5: Allow the investigation period. The GCHR will investigate the charge, typically within 180 days. The EEOC may take 4-6 months or longer. If discrimination is found, agencies may attempt conciliation or refer the charge for litigation. Step 6: Consult an employment attorney early if you believe discrimination occurred. An attorney can help establish the connection between salary history inquiry and discriminatory pay, review the evidence, and represent you in settlement negotiations or litigation. Look for attorneys experienced in pay discrimination or Equal Pay Act claims.

Relevant Agency

Georgia Commission on Human Rights (GCHR)

https://dol.georgia.gov/dhrs/complaints

(404) 232-4930

If you believe a salary history inquiry was part of discriminatory pay practices, consult an employment attorney experienced in Georgia pay equity law to evaluate your options.

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Frequently Asked Questions

Can a Georgia employer ask me about my previous salary before making a job offer?

Yes, under Georgia state law, employers can ask about your previous salary at any point in the hiring process, including before extending an offer. Georgia has no state-level prohibition on salary history inquiries. This differs significantly from states like California, New York, and Massachusetts, which explicitly ban such questions. However, some Georgia cities and counties, particularly Atlanta, may restrict salary history questions for city jobs and contractors. Additionally, if an employer uses salary history in a way that results in pay discrimination based on protected characteristics like sex, race, or age, you may have a discrimination claim under federal law or Georgia discrimination law, even though the initial question was legal. It's advisable to research whether your specific employer or city has adopted a salary history ban policy.

What should I do if a Georgia employer requires me to disclose my salary history and I refuse?

If an employer in Georgia requires salary history disclosure and you refuse, the employer can legally refuse to hire you, because Georgia does not protect job applicants from salary history inquiries. However, if you suspect the requirement is motivated by discrimination—for example, if the employer asks for salary history only from women, minority applicants, or older workers—you may have grounds for a discrimination claim. In that case, document the discriminatory pattern, consult an employment attorney, and consider filing a charge with the Georgia Commission on Human Rights or the EEOC within 180 days. Additionally, if you are applying for a position with the City of Atlanta or another municipality with a local salary history ban, the city may have rules restricting such inquiries for its own hiring. Always ask the employer if they have adopted a salary history ban policy, and review any published policies before the interview.

Can a salary history inquiry in Georgia lead to a legal claim even though asking is allowed?

Yes. While Georgia law permits employers to ask about salary history, the way that information is used can create legal liability. If an employer uses prior salary to justify paying you less based on a protected characteristic—such as paying a woman less because her prior salary was lower, or paying an older worker less based on prior earnings—this may violate the Equal Pay Act or Georgia discrimination laws. The Equal Pay Act prohibits sex-based pay discrimination, and Georgia's discrimination statutes protect employees from discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information. So although the inquiry itself is legal, using salary history in a way that perpetuates or facilitates discriminatory pay practices exposes the employer to liability. If you believe your lower offer or pay was based on salary history combined with discriminatory intent, document the facts and consult an employment attorney to evaluate your claim.

Does the City of Atlanta or other Georgia cities ban salary history questions?

Yes, the City of Atlanta and some other Georgia municipalities have enacted local salary history bans. Atlanta's ordinances restrict salary history inquiries for city employees and contractors working on city projects. If you are applying for a job with the City of Atlanta, a city contractor, or a position funded by city contracts, the employer may be prohibited from asking about prior salary. These local bans aim to reduce pay equity gaps and are stricter than state law. If an Atlanta city employer asks for your salary history despite the ordinance, you may file a complaint with the City of Atlanta's Office of Contracts or the agency overseeing the contract. Other Georgia cities, including portions of the metro Atlanta area, may have adopted similar policies. Always ask an employer whether they are subject to a local salary history ban, particularly if applying for a government or government-funded position. Private employers outside these jurisdictions are not subject to these local bans unless they are city contractors.

How do I prove that a salary history inquiry in Georgia was used discriminatorily?

To prove that a salary history inquiry was used discriminatorily in Georgia, you need to establish a connection between the inquiry and discriminatory treatment based on a protected characteristic. Gather evidence such as: (1) documentation showing that the employer asked for salary history from you but not from similarly-situated applicants of a different protected class (comparative evidence); (2) the employer's stated reason for the salary offer or rejection, and evidence that the reason was pretextual (false); (3) statistical evidence showing that the employer systematically uses salary history to disadvantage certain protected groups; (4) testimony from current or former employees about discriminatory pay practices; (5) the timing and context of the inquiry—whether it occurred only after certain demographic information was revealed. File a charge with the Georgia Commission on Human Rights within 180 days, providing a detailed narrative of the discriminatory conduct and attaching all documentary evidence. The GCHR will investigate. Consult an employment attorney experienced in pay discrimination claims to help build your case and represent you throughout the process.

Sources & References

U.S.C. § 206
U.S.C. § 1681
California Labor Code § 432.3)
Georgia Code § 34-7-2)

Informational only. Not legal advice. Laws change — always verify with a licensed attorney.

Editorial standards: This guide is reviewed against primary government sources and cites 4 statutes. Last reviewed June 2026. Scheduled for re-verification by June 2027.

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