- Potential benefitReduces use of prior pay as an anchor, potentially narrowing wage disparities.
- Potential benefitStrengthens pay negotiation leverage for applicants who were previously underpaid.
- EmployersEncourages employers to base offers on job duties and market rates rather than past pay.
Salary History Question Prohibition Act
Referred to the House Committee on Education and Workforce.
The bill amends the Fair Labor Standards Act to prohibit employers from relying on or seeking a prospective employee’s wage or benefit history when considering employment or setting wages. Employers may use wage history only if a candidate voluntarily provides it after receiving a compensation offer to justify a higher wage.
Liberals emphasize pay-equity gains and enforcement strength
Relative to its intended legislative type, this bill is a clearly focused substantive policy change that defines specific prohibitions on employer use and solicitation of prospective employees' wage history, provides a narrowly framed exception, and establishes civil penalties and a private right of action.
The bill amends the Fair Labor Standards Act to prohibit employers from relying on or seeking a prospective employee’s wage or benefit history when considering employment or setting wages.
Employers may use wage history only if a candidate voluntarily provides it after receiving a compensation offer to justify a higher wage.
The measure includes anti-retaliation protections, civil penalties ($5,000 first offense, up to $10,000), and liability to affected workers for up to $10,000 in special damages plus attorneys’ fees, with class-action style suits permitted.
Technically straightforward and targeted, but litigation exposure and federal preemption make final enactment uncertain absent broad bipartisan buy‑in.
Relative to its intended legislative type, this bill is a clearly focused substantive policy change that defines specific prohibitions on employer use and solicitation of prospective employees' wage history, provides a narrowly framed exception, and establishes civil penalties and a private right of action.
Liberals emphasize pay-equity gains and enforcement strength
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- EmployersIncreases employers' litigation risk and exposure to statutory fines and damage awards.
- EmployersAdds compliance costs for employers revising hiring, training, and recordkeeping practices.
- EmployersLimits employers' ability to verify salary information before making offers, raising fraud risk.
Why the argument around this bill splits.
Liberals emphasize pay-equity gains and enforcement strength
This persona will likely view the bill favorably as a targeted federal step to reduce pay discrimination and close wage gaps.
They see the voluntary-after-offer exception as reasonable while preserving applicants’ bargaining power.
They appreciate private enforcement and monetary penalties as enforcement mechanisms.
This persona will generally support the goal of reducing discriminatory wage practices but will be concerned about implementation and litigation risk.
They value the voluntary-after-offer exception but want clearer guidance and possible safe harbors for good-faith compliance.
This persona will likely oppose the bill as federal overreach that increases regulatory and litigation burdens on employers.
They view the penalties and private right of action as particularly problematic and prefer state or market solutions.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Technically straightforward and targeted, but litigation exposure and federal preemption make final enactment uncertain absent broad bipartisan buy‑in.
- No official cost or agency enforcement estimate provided
- How this interacts with existing state and local salary‑history bans
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Liberals emphasize pay-equity gains and enforcement strength
Technically straightforward and targeted, but litigation exposure and federal preemption make final enactment uncertain absent broad bipart…
Relative to its intended legislative type, this bill is a clearly focused substantive policy change that defines specific prohibitions on employer use and solicitation of prospective employees' wage history, provides a…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.