Can an employer legally ask what I currently make?
TL;DR: It depends entirely on where you (and often the employer) are located. A growing list of U.S. states and cities — including California, New York, Colorado, and Washington, among many others — ban salary history questions outright. In jurisdictions without such a ban, employers can legally ask, though you're not always required to answer with a specific number.
The short answer
Salary history bans have spread fast since the first wave around 2017-2018, but coverage is still patchwork by state and city, not federal law. A recruiter asking your current salary in a covered jurisdiction is technically not allowed to require an answer — but plenty of candidates report being asked anyway, either due to non-compliance or simple unfamiliarity with local rules.
The evidence
- A r/jobs thread ("Hiring manager asked me how much I currently make") shows a candidate reporting they "asked ChatGPT" and were told it's "in fact illegal in the state I live in to ask this question" — reflecting the real, if patchy, legal landscape.
- The same thread's top comment calls the practice "almost illegal... but normalized during interviews these days," which matches the pattern of bans existing on paper while enforcement and awareness lag.
- Salary-history-ban coverage has expanded across most major U.S. metro areas and a majority of states by 2026, but is not universal — some states (mostly with no state-level ban) still permit the question.
- Outside the U.S., rules vary widely by country; some (e.g., parts of the EU) have separate pay-transparency requirements that indirectly reduce reliance on salary history.
Where the question is (broadly) banned vs. allowed
| Jurisdiction type | Employer can ask current salary | Notes |
|---|---|---|
| States/cities with salary history bans | No (or cannot use it to set pay) | Covers most major U.S. metros by 2026 |
| States without a ban | Yes | You can still decline to give a number |
| Federal contractors nationwide | Restricted for many roles | Federal rules layer on top of state law |
| Most EU countries | Increasingly restricted | Pay transparency directives push toward salary bands instead |
Step-by-step: handling the question either way
- Check whether your state or city has a salary history ban before the interview — a quick search of "[state] salary history ban" gives a clear answer.
- If it's banned and you're asked anyway, you can simply say: "I'd rather focus on the value I'd bring and the range for this role — what's budgeted for this position?"
- If it's not banned, you're still not obligated to give an exact figure — redirect to your target range based on market research for the role.
- Always have a researched target range ready (from sites like Levels.fyi, Glassdoor, or Payscale) so you're negotiating from data, not memory of your current pay.
- If pressed repeatedly, a neutral answer like "I'm looking for offers in the [X-Y] range based on market research" keeps you compliant with your own interests regardless of local law.
FAQ
What happens if an employer asks an illegal salary history question? In banned jurisdictions, you can decline to answer without penalty; some laws also bar the employer from using any answer you do give to set your offer.
Is it always illegal to ask about salary expectations (not history)? No — asking what salary you're looking for going forward is generally legal everywhere; it's asking your past/current salary that's restricted in ban states.
Should I lie about my current salary if asked? No — redirect to your target range instead of answering with a false number; misrepresentation can create bigger problems later than a firm, honest redirect.
InterviewBoost.ai's Live Interview Assist surfaces a market-based target range in real time if a salary question catches you off guard.
By Pinal Dave | Last updated: 2026-07-24
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