Connecticut Moves to Protect Salary History of Prospective Employees

On January 1, 2019, a new Connecticut law takes effect which prohibits employers from asking prospective employees about their past compensation, including salary, wages and the value of any other compensation structure.   The new law essentially applies to every employer in Connecticut, as the law defines an “employer” as any individual or entity employing one or more employees.

Notably, this law does not prohibit an employer from using information voluntarily disclosed by a prospective employee or from inquiring about other elements of a prospective employee’s compensation structure (such as benefits, insurance, stock options or 401k plans) so long as the value of such compensation is not discussed.

From a practical perspective, Connecticut employers and human resources managers must take steps to ensure that all managers and other employers who interview prospective employees are aware of, and adhere to, the prohibition on questions concerning salary history. Further, employers must review their job applications and revise any applications that require applicants to provide their salary history.

Employers in violation of this law may be liable for compensatory damages, attorney’s fees (including costs), and punitive damages. They may also be subject to legal and equitable relief in the court’s discretion.

For more information, please contact Daniel B. Fitzgerald (dfitzgerald@brodywilk.com).

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