Connecticut joins a growing list of states with salary history inquiry bans designed to promote wage equality among genders. Public Act No. 18-8, An Act Concerning Pay Equity (the “Act”), goes into effect on January 1, 2019, and bans Connecticut employers from making inquiries into an applicant’s prior wage information at any point during the hiring process. The ban also prohibits third parties from making salary history inquiries on behalf of the employer, which would include staffing agencies and recruiters. However, applicants may choose to volunteer this information. Additionally, employers may inquire about components of an applicant’s compensation structure (e.g., previous stock options, equity incentives, etc.), provided that the employer does not inquire about the value of those components.
Currently, Connecticut already has a number of applicant protections in place. Employers have already been prohibited from certain actions, such as preventing employees from inquiring into or disclosing wage information from or to another employee, forcing employees to waive their right to discuss wage information as a condition of employment, or penalizing employees for discussing wage information.
Under the Act, an aggrieved employee or applicant may sue an employer within two years of any alleged violation of the Act.