Employers cannot ask you about your wage history when you are applying for a job. This is illegal, and you can sue the employer if they do this.

Is it really illegal for employers to ask about salary history?

Yes. Effective 9/29/19, it is illegal for employers and employment agencies in Illinois to:

• Screen applicants based on salary history, or 
• Ask or require applicants for salary and benefits history before interviewing, considering, or hiring them.

Does this apply to all employers?

No. This law only applies to employers in Illinois with 4 or more employees.

Can another employer ask my current or past employers about my salary?

No. It is illegal for an employer to ask for your salary history from your current or past employers. The only exceptions are if your salary is part of a public record, or you are applying for a job within the same company.

Can I give employers my salary history anyway?

Yes. There is no law against you voluntarily giving an employer your salary history. 

However, the employer is not allowed to use that information to make a decision.

Can employers make me sign something that says I won’t give out my salary history?

No. It is illegal for an employer to require you to sign a contract that says that you won’t give out your salary history. You are free to share your salary information with your fellow employees and others.

What should I do if I think an employer broke the law?

You may be able to sue the employer in court. You should discuss your legal options with a lawyer. Use our Get Legal Help tool or contact your local bar association for a referral. If you win, the employer may have to pay for your lawyer fees, as well as any money you are granted by the judge.

Is there a time limit on suing?

Yes. You must file your lawsuit within 5 years of the incident.

Can employers ask me what my salary requirements are?

Yes. It is legal for employers to ask you how much money you are looking to make at a job.