An Act To Prohibit the State from Asking a Prospective Hire about the Person's Compensation History until after a Job Offer Is Made

Sec. 1. 26 MRSA §628-A  is enacted to read:

§ 628-A.  State job applicant compensation questions

The State, acting as an employer, may not inquire about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or require that a prospective employee's compensation history meet certain criteria, unless an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee, after which the State may inquire about or confirm the prospective employee's compensation history.

For the purposes of this section, "State" has the same meaning as in Title 14, section 8102, subsection 4.

For every intentional violation of this section, the department, agency or entity of the State whose employee committed the violation is liable for a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.

SUMMARY

This bill prohibits the State, as an employer, from inquiring about a prospective employee's compensation history until after an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. The bill also prohibits the State from requiring that a prospective employee's compensation history meet certain criteria. A department, agency or entity of the State that violates this provision is subject to a fine of not less than $100 and not more than $500 per intentional violation.