Effective September 29, 2019: Illinois employers are prohibited from:
(1) screening job applicants by requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria,
(2) requesting a wage or salary history as a condition of:
- being considered for employment,
- being interviewed,
- continuing to be considered for an offer of employment,
- an offer of employment or an offer of compensation,
(3) requesting that an applicant disclose wage or salary history as a condition of employment, or
(4) seeking the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer.
The Illinois law does not apply if the job applicant’s wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same current employer.
An employer or employment agency may still provide information about the wages, benefits, compensation, or salary offered in relation to a position and may continue to engage in discussions with an applicant about the applicant’s salary expectations. Additionally, an employer is not in violation of the law if a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, as long as the employer does not consider or rely on the voluntary information as a factor in determining whether to offer employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation.
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For more information about the growing trend of salary history bans, please visit our Resource Library.