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Negotiation
Read time4 min readUpdatedDecember 2025

Salary history bans: How disclosure shifts leverage

How early disclosure affects leverage in negotiations and offer outcomes.

The Leverage Shift

Anchor Shift

Salary history bans measurably change wage outcomes by weakening past-pay anchors.1

Information asymmetry

When employers cannot anchor to your past pay, they must anchor to the market value of the role.

Salary history ban impact
Before ban

"What is your current salary?"

Anchored to past compensation, perpetuating pay gaps.

After ban

"What are your expectations?"

Anchored to market value and role-based data.

Fig. 1 — The ShiftSalary history bans change the negotiation anchor

Why early disclosure weakens leverage

Many candidates feel compelled to answer truthfully about their current salary out of politeness or honesty. Evidence suggests this anchors the negotiation to your past value, not your future value.1

In states with Salary History Bans, employers are forced to price the job, not the person. Our advice mimics this dynamic even in states where it isn't law yet.1

The Script

Respond with: 'I'm focusing on roles in the [Market Range] range, which seems aligned with this level of responsibility.'

When to share numbers

Recruiter lens: share numbers only when you can anchor to role scope or market data, not past pay. If asked early, redirect to the responsibilities and the range for similar roles.

Definition: salary anchoring

Salary anchoring happens when early numbers frame the negotiation and pull outcomes toward the initial figure. Salary history bans weaken this effect.1

Limitations

  • Legal requirements vary by jurisdiction. This is not legal advice.
  • The cited evidence focuses on wage effects, not every negotiation context.

FAQ

Do salary history bans help everyone equally?

The evidence shows wage effects, but the magnitude can vary by role, market, and demographic group.

Should I disclose salary history if asked?

If it is legal to refuse, it is usually better to anchor to market range and role scope.

What should I say instead?

Use a role-based range and explain the scope and market data that support it.


What this changes in RIYP

01

Negotiation Scripts

We provide scripts that avoid volunteering salary history, aligned with this data.

02

Negotiation framing

We help you answer the 'what are you making now?' question without anchoring low.

Sources

  1. Salary History Bans and Wage Outcomes - National Bureau of Economic Research (2020).

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