If a Law Bars Asking Your Past Salary, Does It Help or Hurt?

“It seems like the general social impulse is, ‘We don’t like employers using particular information, so we’ll tell them they can’t use it any more and assume that’s the end of the conversation,’” said Jennifer Doleac, an economist at the University of Virginia. “But if they cared enough about it to ask it to begin with, they probably care about it enough to try to guess.”

.. (Alternatively, employers may try to get the information in slightly less direct ways, like asking candidates about their minimum salary expectation, Mr. Klein said.)

.. They typically allow job applicants to disclose their previous salary voluntarily. As a result, some employers may feel comfortable making lowball offers to women, because they assume applicants will speak up if they make significantly more than the employer’s offer. Those who don’t speak up will be deemed to have made less.

This could, in turn, leave women worse off than before, since they tend to be more reluctant to bargain than men, as a range of studies have documented.

.. By asking what the candidate currently makes and paying the same or slightly more, an employer may simply want to ensure that an offer is accepted and that the new hire is satisfied — but may be oblivious to the risk of perpetuating pay disparities.