Maine Limits Salary History Inquiries

Maine joins Massachusetts, Connecticut, and Vermont in limiting inquiries into salary history of candidates for employment. Governor Janet Mills signed An Act Regarding Pay Equality on April 12, 2019 which will become effective in September.

Requirements regarding equal pay have been part of Maine law since 1965. Under this act, employers may not use or inquire about the compensation history of a prospective employee either from the prospective employee or his or her current or former employers, unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. Making these inquiries before an offer has been made is considered evidence of unlawful discrimination.

Additional Modifications

Existing law on equal pay related to employee pay discussions/disclosures has also been modified, as follows:

An employer may not prohibit an employee from disclosing the employee’s own wages or from inquiring about or disclosing another employee’s wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section.

This act and these new Maine requirements will become effective in mid-September (90 days after the legislature adjourns).

What You Can Do to be Ready

KMA wants you to be ready for these new requirements. Here are four actions you can take to ensure you’re in compliance:

  • Remove any salary history inquiries from employment applications.
  • Eliminate salary history inquiries in the screening and interviewing process.
  • Update/revise employment policies as needed regarding employee pay disclosures.
  • Train all who are involved in the interviewing and hiring process on these requirements.

For More Information

If you would like more information on compliance or other HR-related issues, contact the experts at KMA Human Resources today.

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