Recently, I heard a story about a friend who was preparing for a job change and was caught off guard when asked about their previous salary during an interview. They hesitated to answer, fearing it might make them look bad, but the truth is that the number of states legally prohibiting that question is steadily increasing.

This type of law is commonly referred to as a salary history ban. It prevents employers from asking about a candidate's previous salary or using that information to determine a new salary.

As of 2026, eighteen states, including California, New York, Massachusetts, Illinois, and Washington, along with Washington D.C., have enacted such laws. Virginia will also join this list starting July 1, 2026.

Washington State was already ahead of the curve, having adopted this trend in 2019. Governor Jay Inslee signed House Bill 1696 in May of that year, and it went into effect on July 28.

The relevant provision is found in Washington State law RCW 49.58.100. Notably, it applies to all employers in Washington, regardless of their size.

Specifically, it prohibits contacting previous or current employers to inquire about salary information, as well as determining eligibility or hiring conditions based on previous salaries.

However, there are exceptions. If a candidate voluntarily discloses their salary or if the company has already made an offer that includes salary conditions, then it is permissible to ask.

Although the order has changed, this shift significantly alters the negotiating power for candidates. Personally, I find this change to be a subtle but positive development.

Violating this law does not go unnoticed. If the Washington State Department of Labor and Industries receives a report and investigates, the first violation can result in a civil penalty of up to $500, while repeated violations can incur penalties of up to $1,000.

Candidates or employees can also file civil lawsuits. If they win, they can claim statutory damages ranging from a minimum of $100 to a maximum of $5,000 per violation, along with attorney fees.

In addition to this, Washington State has a separate requirement for disclosing salary ranges. Companies with fifteen or more employees must include salary ranges in their job postings.

This disclosure requirement can apply even if the company does not have an office in Washington. If a position is open to Washington residents, regardless of the company's location, they must disclose the salary range.

With both laws in effect, candidates can estimate a general salary range just by looking at job postings. The need to hide or disclose previous salaries is decreasing compared to the past.

Still, when faced with that question in an interview, it can be difficult to respond. In such cases, it's perfectly acceptable to steer the conversation towards the salary range you expect for the position instead of discussing your previous salary.

If the job posting already includes a salary range, suggesting a number within that range is also a good strategy. This means there's no need to be defensive right from the start.

The reason these laws are becoming more common is ultimately tied to the issue of wage disparity. Individuals who had lower salaries in previous jobs often found themselves stuck in a cycle of low pay when changing jobs.

Some places, like North Carolina and Pennsylvania, have only implemented these measures for public sector hiring through executive orders, rather than statewide. However, the overall trend seems to be moving towards broader application.

Personally, I welcome this trend. I believe it's fairer for salary negotiations to be based on the value of the work being done now rather than being tied to past figures.

If you are preparing for a job change, it's good to know that more states are allowing you not to feel obligated to answer questions about your previous salary. The more you know, the less intimidated you'll feel at the negotiation table.