A new law prohibiting employers from asking job candidates about their salary history took effect on January 1, 2019 in Connecticut. It bars employers from asking job applicants how much they earn currently - or previously.
Connecticut Governor, Dannel P. Malloy, signed off Public Act No. 18-8 – ‘An Act Concerning Pay Equity’ on May 22, 2018 – to take effect on January 1, 2019. This made Connecticut the sixth state to prohibit employers from asking applicants about salary history and is intended to help remedy the pay gap between men and women.
At that time, Dannel Malloy said:
“Income inequity is perpetuated by the practice of asking for salary history before an offer is made, which can disproportionately assure that women are underpaid at their first job and continue to be underpaid throughout their careers, creating a cycle of poverty.”
The new law states that prospective employees may not be asked about past wages and compensation histories at any point during the hiring process - although they can choose to volunteer such information. Also, prospective employees may be asked generally whether the previous employer had stock options or other equity incentives, but may not be asked to specify the value of such benefits.
In addition, the new act will add prospective employees to those entitled to sue employers who infringe any of these legal protections. Employees and prospective employees - whether or not they are hired - will be authorized to sue within two years after any alleged violation. Employers found liable for violations may be required to pay compensatory damages; attorney's fees; costs and punitive damages and may also be subject to any legal and equitable relief that the court decides is just and proper.
Although the intention of the law is to reduce pay gaps that disadvantage women, it also applies to men. Employers cannot ask men or women what they make or used to make. It does, however, contain an exception for employers, employment agencies and employees who must ask for salary information under federal or state law.
An employer is generally defined as anyone or anything that can be thought of as an employer - unlike other laws that apply only to businesses that have a certain number of employees.
