Salary History Ban in Wisconsin: What Employers Can Ask

Federal law does not currently prohibit employers from asking about salary history. The Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) does not restrict salary history inquiries on their face. However, the EEOC has taken the position that repeated requests for salary history information from protected classes (by race, gender, age, etc.) may constitute evidence of pay discrimination if it perpetuates historical wage gaps. The Federal Trade Commission (FTC) under the Equal Employment Opportunity Act has also warned that blanket salary history policies may create barriers for certain demographic groups.

Federally, the primary wage-and-hour protection comes from the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., which requires minimum wage and overtime pay but does not address how employers determine starting wages. The Department of Labor (DOL) enforces FLSA requirements. Some federal contractors may face additional restrictions under Executive Order 11246 (as amended), which prohibits federal contractors from discriminating in hiring, but does not explicitly ban salary history inquiries. Without federal prohibitions, private employers in most states have been free to use salary history as a factor in hiring and compensation decisions.

Wisconsin goes significantly further than federal law in protecting workers from salary history inquiries. Wisconsin Statute § 103.001 explicitly prohibits employers from asking job applicants, directly or indirectly, about their salary history or other compensation history—including wages, salary, benefits, bonuses, and equity compensation.

Under Wisconsin law, an employer cannot require an applicant to disclose compensation history, cannot request that a current or former employer provide wage information about the applicant, and cannot make an employment decision based on an applicant's refusal to provide salary history. This prohibition is significantly stronger than the federal baseline, which permits salary history inquiries entirely. Wisconsin protects all applicants, not just those in protected classes, making it a blanket ban rather than a discrimination-focused restriction.

Wisconsin Statute § 103.001 covers all employers with any number of employees—there is no threshold based on employer size. The law does carve out a narrow exception: once an applicant has received and accepted a conditional job offer, an employer may then request to verify prior wage information, but only if the applicant volunteers it or if the verification is part of a standard background check process with consent. Additionally, employers may rely on publicly available salary information or wage data from public sources.

The state law applies equally to permanent positions, temporary positions, and contract work. Wisconsin provides remedies including civil penalties (per Wisconsin Statute § 103.001(5)) and allows injured workers to bring private causes of action. Workers who are harmed by violations may seek damages, and the state Attorney General or the Wisconsin Department of Safety and Professional Services may enforce the statute. This makes Wisconsin's approach substantially more protective than the federal baseline.

Wisconsin Statute § 103.001 includes limited exceptions that employers should understand. First, once an applicant has received a conditional job offer and voluntarily disclosed prior wage information, an employer may verify that information through prior employers or other sources. This exception is narrow and requires the applicant's affirmative disclosure or written consent.

Second, employers may use publicly available salary information or wage data from public sources, such as publicly filed compensation disclosures, published salary databases, or information available on public websites. However, employers cannot initiate inquiries to discover non-public salary history information.

Third, certain government positions and public employers may have different obligations under public records law, though Wisconsin law applies broadly to all employers. Fourth, collective bargaining agreements may contain wage-setting procedures, but the salary history ban still applies to initial hiring inquiries unless the agreement specifically addresses this issue.

A critical defense edge case: employers relying on information inadvertently provided by an applicant (e.g., if an applicant volunteers "my last salary was $60,000") may be in safer legal territory if they did not affirmatively solicit that information. However, employers cannot encourage, prompt, or request such disclosures. Additionally, employers cannot circumvent the law by having third-party recruiters or staffing agencies inquire about salary history on their behalf—the prohibition applies to all inquiries made as part of the hiring process, regardless of who asks the question. Employers who conduct background checks must ensure background check vendors comply with the statute.

Step 1 — Document Everything. Keep all written communications during the job application process, including job postings, application forms, interview notes, and emails from recruiters or HR staff. Preserve any salary history questions you were asked verbally—write down the date, time, who asked, and the exact question. Save any job advertisements you responded to and screenshots of applications. Document your prior wages, job titles, and employment dates so you can reference this information if you file a complaint. Retain contact information for witnesses (other applicants, recruiters, interviewers) who may corroborate what happened.

Step 2 — Understand Internal Complaint Processes. Some employers have internal HR complaint procedures. If the employer has an HR department, you may file an internal complaint alleging violation of Wisconsin Statute § 103.001. However, Wisconsin law does not require you to use an internal process first—you may proceed directly to the state agency. Filing internally may preserve the employment relationship and sometimes results in faster resolution, but it is optional. Document your internal complaint in writing and keep a copy. Note that using an internal process does not stop the statute of limitations for external complaints.

Step 3 — File a Complaint with Wisconsin Authorities. You have two options: (a) The Wisconsin Department of Safety and Professional Services (DSPS), which handles some employment practice complaints, or (b) the Wisconsin Attorney General's office, which enforces consumer protection and wage laws. File with the Wisconsin Attorney General if pursuing a consumer protection/wage violation angle. Contact the Wisconsin Attorney General's Employment Practice Complaint Unit. No fixed statutory deadline is set in Wisconsin Statute § 103.001, but do not delay—file within three years to preserve your civil claim rights under the statute of limitations (Wisconsin Statute § 893.43). You will need to provide: (1) your name and contact information, (2) the employer's name and address, (3) the date(s) of the salary history inquiry, (4) the specific questions asked, (5) the names of any witnesses, (6) whether you were hired, and (7) any damages suffered (e.g., loss of job opportunity, lower starting wage).

Step 4 — The Investigation Process. After filing a complaint, the Wisconsin Attorney General's office or DSPS will send a notice to the employer and may request a written response. The agency may conduct interviews with you, the employer, and witnesses. Typically, investigations take 30–90 days but can extend longer depending on complexity. You will be asked to provide additional evidence, such as emails or job application records. The employer will have an opportunity to explain its conduct. If the agency finds a violation, it may issue a cease-and-desist order, impose civil penalties (Wisconsin Statute § 103.001(5) specifies penalties but amounts vary), and may require the employer to offer you employment or make you whole financially. If the agency does not pursue enforcement, you retain the right to file a private civil lawsuit.

Step 5 — When to Consult an Attorney. Consult an employment law attorney in Wisconsin immediately if: (1) you are denied a job after refusing to provide salary history, (2) you suffered documented financial harm (lower starting wage offer after being forced to disclose prior wages), (3) the employer is a large corporation (they are more likely to settle), or (4) the employer has multiple applicants making similar complaints (this strengthens your case). An employment discrimination or wage-and-hour attorney can file a private civil suit on your behalf in Wisconsin Circuit Court, seek damages including lost wages and emotional distress, and may recover attorney's fees if you prevail. Many Wisconsin employment attorneys work on contingency.