Maryland Enacts Salary History Prohibitions

Maryland is the latest jurisdiction to join the steady trend of cities and states enacting legislation to prohibit employers from inquiring into a candidate’s salary history. House Bill 123 was recently passed and will go into effect on October 1, 2020.

How HB 123 Prohibits Employers

HB 123 prohibits employers from:

1. Retaliating against or refusing to interview, hire or employ an applicant because the individual did not provide wage history or requested the wage range for the position.
2. Relying on the wage history of an applicant when considering employment or the wage to be offered.
3. Seeking the wage history of an applicant from a current or former employer orally, in writing or through an agent.

Following an initial job offer that includes compensation, an employer may rely on and/or seek to confirm the wage history an applicant voluntarily provides to support a higher wage than what was originally offered. Relying on wage history for this reason is permissible unless the higher wage creates an unlawful pay differential based on protected character tics under the law.

Employers are also required to provide a wage range for the position upon request.