No. In Washington, D.C., employers cannot ask for your salary history. Under D.C. Law 25-138, the Wage Transparency Omnibus Amendment Act of 2023, private employers with at least one employee in the District are barred from requesting your past wages, contacting your former employers to find out, or using prior pay to screen you or set your offer. The ban took effect on June 30, 2024.
What the Ban Actually Prohibits
The salary history ban in D.C. Code § 32-1452 is written broadly. An employer cannot ask what you earned at a previous job during an interview, on an application, or through any other channel. The employer also cannot reach out to a former employer to find the number on its own. If your past compensation surfaces some other way, the employer still cannot use it to filter you out of the hiring process or justify paying you less than it would have otherwise.1D.C. Law Library. District of Columbia Code 32-1452 – Prohibited Actions of Employer
The law also forbids using prior salary as a floor or ceiling to decide whether you get an interview or stay in the running. A job posting that says “candidates must have earned at least $80,000 in their last role” is not allowed.2D.C. Law Library. District of Columbia Code 32-1451 – Definitions – Section: 32-1452
What If You Volunteer Your Past Pay?
The statute does not contain an explicit exception for salary history an applicant offers unprompted. Some states with similar bans carve out voluntary disclosures; D.C.’s law is silent. The safest reading is that even if you bring up your past pay on your own, the employer still cannot use it to screen you or set a lower offer. If it comes up, expect a careful employer to redirect the conversation to the posted pay range rather than engage with the number.
Which Employers Are Covered
The Act applies to any private employer with at least one employee working in the District, from a two-person startup to a multinational with a D.C. office. Two categories are expressly excluded: the District of Columbia government itself and the federal government.3D.C. Law Library. District of Columbia Code 32-1451 – Definitions If you are applying for a job with a federal agency or a D.C. government office, this particular ban does not apply.
Location of the employer does not control. The rules apply to any job posting that solicits employees in the District, no matter where the employer is based or how the posting is shared.4Office of the Attorney General for the District of Columbia. Attorney General Schwalb Issues Business Advisory on Wage Transparency Requirements A Virginia-based company advertising a remote role that could be filled from D.C. has to follow the D.C. rules.
What the Employer Owes You Instead
Because the employer cannot anchor on your history, the law requires it to put its own numbers on the table first. Every job listing from a covered employer must include the minimum and maximum projected salary or hourly rate, and the range has to reflect what the employer actually believes it would pay for the role at the time of posting. The requirement covers external ads, internal postings for promotions, and transfer opportunities.2D.C. Law Library. District of Columbia Code 32-1451 – Definitions – Section: 32-1452
Before the first interview, the employer also has to tell you whether healthcare benefits exist for the position. A simple yes or no satisfies the requirement; a full benefits breakdown is not required at that stage.5D.C. Law Library. D.C. Law 25-138 – Wage Transparency Omnibus Amendment Act of 2023
What to Do If an Employer Asks Anyway
You can report violations to the D.C. Office of the Attorney General by phone at (202) 724-7730, by email at workers@dc.gov, or in Spanish at trabajadores@dc.gov.4Office of the Attorney General for the District of Columbia. Attorney General Schwalb Issues Business Advisory on Wage Transparency Requirements Have the employer’s name, the date, and specifics ready. If a job posting is missing a pay range, screenshot it before the employer can edit or remove it. If someone asked about your past pay in an interview, note who asked and whether the request was verbal or written.
Enforcement runs through the Attorney General. Civil fines escalate from $1,000 for a first violation to $5,000 for a second and $20,000 for each additional violation, with each non-compliant posting or each improper question counted separately.6D.C. Law Library. District of Columbia Code 32-1451 – Definitions – Section: 32-1453 The Attorney General can also sue for restitution, injunctive relief, compensatory damages, and attorney’s fees.5D.C. Law Library. D.C. Law 25-138 – Wage Transparency Omnibus Amendment Act of 2023 There is no private right of action, so you cannot file your own lawsuit against the employer under this law; the complaint has to go through the OAG.