Salary History Ban in Massachusetts: What Employers Can Ask

Federal law does not prohibit employers from asking about salary history. No federal statute restricts inquiries into past compensation, and the Equal Employment Opportunity Commission (EEOC) enforces primarily Title VII of the Civil Rights Act of 1964 and related statutes that target discrimination based on protected characteristics—not compensation transparency practices.

However, federal law does protect employees' right to discuss wages among themselves under the National Labor Relations Act section 7 (29 U.S.C. § 157), which guarantees non-supervisory employees the right to engage in "concerted activities" including discussion of wages and working conditions. The Fair Pay Act and related equal pay statutes address wage discrimination and require employers to prove legitimate, non-discriminatory reasons for pay differences based on job performance or seniority, but do not restrict initial salary history inquiries.

The federal enforcement landscape is fragmented: the EEOC handles discrimination claims, the National Labor Relations Board (NLRB) handles retaliation for wage discussions, and the Department of Labor (DOL) enforces minimum wage and overtime. Most salary history restrictions have emerged at the state and local level, making Massachusetts part of a growing trend of jurisdictions enacting salary transparency protections.

Massachusetts General Laws chapter 149, section 24L is the primary statute governing salary history inquiries. Enacted in 2018 and effective July 1, 2018, this law is considerably stronger than federal law in protecting employee privacy and reducing wage discrimination perpetuated by historical pay inequities.

Under section 24L, Massachusetts employers are prohibited from seeking salary history information about job applicants before making a written offer of employment. This ban applies comprehensively: employers cannot ask applicants directly about past wages, cannot request this information from current or previous employers, and cannot use salary history as a condition of employment consideration. The statute applies to virtually all employers with no minimum employee threshold, covering private employers, nonprofits, and public sector employers alike.

Massachusetts law is substantially stronger than the federal baseline because it actively restricts employer practices rather than simply protecting wage discussions among employees. The law targets the mechanism by which historical pay discrimination perpetuates—using past low wages as justification for continuing low wages. This is particularly significant for women and workers of color who historically have been paid less.

Section 24L does permit employers to confirm salary information after a written job offer has been extended, but only if the applicant voluntarily discloses it. Even then, employers cannot use that information as a basis to reduce or alter the offer. Additionally, Massachusetts General Laws chapter 149, section 24M protects employees' right to discuss wages with coworkers and prohibits employers from restricting such discussions or retaliating against employees who engage in wage discussions.

Under Massachusetts law, remedies for violations are civil in nature. The Attorney General or an employee can bring an enforcement action. Employers who violate the salary history ban face civil penalties of up to $500 per violation. Unlike some state regimes, Massachusetts does not create a private right to sue for damages in connection with salary history violations, though employees can file complaints with the Massachusetts Attorney General.

Massachusetts General Laws chapter 149, section 24L contains limited exceptions. The primary exception permits employers to confirm salary information that an applicant voluntarily discloses after a written job offer has been extended. However, even in this limited scenario, the employer cannot use the confirmed information to reduce, alter, or rescind the offer.

Current and previous employers are protected from liability for declining to provide salary information when asked by prospective employers. This protection is intentional—the law shields third parties from being pressured to disclose salary data and encourages employers not to request it.

The statute does not restrict inquiries about job titles, job responsibilities, or general work history—only compensation-related information. Employers may ask applicants to describe their experience, qualifications, and the scope of their previous roles without running afoul of the law.

Good-faith errors or minor technical violations may not trigger enforcement if the employer demonstrates prompt remediation and compliance correction. However, the Massachusetts Attorney General has shown active enforcement interest, particularly when violations are systemic or when employers attempt to circumvent the law through indirect methods.

Unions and collective bargaining agreements do not create exceptions. Employers remain bound by the salary history ban even when filling union positions, though the collective bargaining agreement may govern other compensation matters.

Finally, the law does not eliminate employers' ability to conduct background checks, verify employment history, or review publicly available compensation information (such as published salary data or roles in public databases). The restriction applies specifically to asking about or seeking an individual's historical salary.

Step 1: Document all salary history inquiries. Keep records of: (1) written communications in which an employer asked about your past compensation, including emails, online application forms, and text messages; (2) notes about what you were asked during interviews or phone calls, including the date, time, and names of people present; (3) any requests sent to your previous employers or references. If you did not disclose salary history voluntarily and were asked to provide it before receiving a written job offer, document this timeline carefully.

Step 2: Understand the internal complaint process. Before filing a formal complaint, some employers have internal human resources channels. Contact HR in writing (email is acceptable) and state: "I was asked about my salary history before receiving a written job offer in violation of Massachusetts General Laws chapter 149, section 24L. I am requesting that this conduct cease and that the company review its hiring practices for compliance." Keep a copy of this correspondence. However, there is no legal requirement to exhaust internal remedies before filing a state complaint, and pursuing internal resolution may not be strategically necessary given the straightforward nature of salary history violations.

Step 3: File a complaint with the Massachusetts Attorney General. The Consumer Protection Division handles these complaints. Visit the official website at mass.gov/ago or call 617-727-8400. You can submit a complaint online through the Attorney General's consumer complaint portal. Include: (1) your name and contact information; (2) the employer's name, address, and contact information; (3) the date(s) on which you were asked about salary history; (4) the names of individuals who made the inquiry, if known; (5) how the inquiry was made (email, in-person interview, etc.); (6) copies of any written communications or notes documenting the violation; (7) whether you disclosed salary history or refused; (8) the outcome (were you hired? was an offer rescinded?). The deadline for filing is technically unlimited under the statute of limitations (three years), but file as soon as possible while details and evidence are fresh.

Step 4: Expect the investigation and response process. The Massachusetts Attorney General will acknowledge receipt of your complaint and assign it for investigation. The investigation typically takes 30–90 days, though complex cases may take longer. The Attorney General's office will contact the employer and request information about their hiring practices, the specific interaction with you, and any policies governing salary history inquiries. The employer will have an opportunity to respond. You may be contacted for additional details. The Attorney General may pursue settlement negotiations or issue a finding of violation. You will be notified of the outcome. If the Attorney General finds a violation, the employer may be required to pay civil penalties, modify hiring practices, and in some cases provide remedial training.

Step 5: Consult an employment attorney if the violation is part of a broader pattern or if you experienced retaliation. While salary history violations are straightforward, an attorney is particularly valuable if: (1) the employer retaliated against you for refusing to disclose salary history or for complaining about the violation (this may trigger additional claims under Massachusetts retaliation statutes); (2) the salary history inquiry was combined with other discriminatory conduct; (3) you were not hired and suspect the salary history issue was pretext for discrimination; or (4) the employer used salary history to set your starting wage below the offered range. Contact the Massachusetts Employment Lawyers Network (massemploymentlawyers.com) or a state bar referral service. Many employment attorneys work on contingency or reduced-fee arrangements for discrimination and retaliation claims.