Maine Passes Salary History Ban

Maine has joined the growing list of cities and states that have enacted legislation banning pre-employment compensation inquiries by passing LD 278. Signed by Governor Janet Mills on April 12, 2019, the law takes effect on September 17, 2019.

Under the new law, employers may not use or inquire into the compensation history of a prospective employee from that individual or their current or former employer. Additionally, LD 278 designates employers’ inquiries, either indirectly or directly, into a prospective employee’s compensation history as evidence of unlawful employment discrimination.

Employers may inquire into compensation information if they have an extended an offer of employment that includes all terms of compensation to the prospective employee. The law does not apply to employers who inquire into compensation history pursuant to a federal or state law that specifically requires disclosure or verification of such information.

The law will be enforced by Maine’s Department of Labor and individuals may also seek judgment for compensatory damages.