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There is consensus that use of prior salary as a factor other than sex under the Equal Pay Act tends to disadvantage women given their generally lower pay. A number of cities and states have recently enacted, or are in the process of enacting, bans on employers asking job candidates about their salary history and/or using salary history as a basis for compensation offers. The San Francisco statute, which became effective July 2018, bans both salary history inquiries and employer reliance on prior salary as a factor in employment or pay offers.

Additionally, employers are prohibited from disclosing an employee’s past salary to prospective new employers without the employee’s written authorization, unless the information is publicly available. The statute permits job candidates to voluntarily disclose prior salary information as part of pay negotiations after an initial offer has been made by the employer