Connecticut salary history ban: Gen. Stat. 31-40z for recruiters

Connecticut bars employers from asking job candidates about their wage and salary history, and from directing a third party such as a recruiter to ask for them, unless the candidate has already volunteered it. The rule is in General Statutes section 31-40z(b)(5), in force since January 1, 2019. Public Act 26-12 rewrote the section effective October 1, 2026, adding a pay range posting duty, but left the salary history rule as it was. Connecticut also has a feature recruiters can use: an employer may ask about the elements of a candidate's pay structure, just not their value.

The statute

Under section 31-40z, subdivision (b)(5), no employer shall:

"Inquire or direct a third party to inquire about a prospective employee's wage and salary history unless a prospective employee has voluntarily disclosed such information, except that this subdivision shall not apply to any actions taken by an employer, employment agency or employee or agent thereof pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. Nothing in this section shall prohibit an employer from inquiring about other elements of a prospective employee's compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure."

The General Assembly's history note shows the subdivision was added by Public Act 18-8, effective January 1, 2019. Public Act 26-12, section 2, repealed and replaced section 31-40z effective October 1, 2026, carrying subdivision (b)(5) forward unchanged.

Who is covered

• Any employer with one or more employees. "Employer" includes any individual or business entity, the state and its political subdivisions "using the services of one or more employees for pay."
• Recruiters and other third parties. The words "direct a third party to inquire" put recruiters squarely in the frame. An employer cannot hand the question to an agency, and an agency asking because the client wants the number is the third party the statute describes.
• Roles in or reporting into Connecticut. As amended, subsection (f) applies the section to any position performed in Connecticut, or performed outside the state but reporting directly to a supervisor, office or other worksite in Connecticut.

What is banned and what is allowed

The structure-not-value rule is useful in practice. Knowing that a candidate has an annual bonus that pays in March, or unvested equity, helps plan the offer and start date. You can learn that without asking what any of it is worth.

The statute does not say whether an employer may rely on a volunteered figure when setting pay. It also does not define "voluntarily." The cautious reading is that a disclosure prompted by the recruiter is not voluntary, and that using a volunteered number to set the offer carries equal pay risk even where the statute is silent.

Remote roles that report into Connecticut

Subsection (f), added by Public Act 26-12, is the change most likely to catch an out-of-state desk. The section now applies to a position whose duties will be performed outside Connecticut if the person must report directly to a supervisor, office or other worksite in Connecticut. A remote analyst living in Ohio and reporting to a manager in Stamford is inside the section from October 1, 2026, including the salary history rule, even though Ohio has no statewide ban.

In practice, the reporting line is set by the client, not by where the candidate lives. Add a question to your intake form: "Who will this person report to, and where is that manager based?" If the answer is Connecticut, run the search under Connecticut's rules for every candidate, wherever they are.

Agency intake: what to agree with the client

• The range and benefits description, in writing, before the role is advertised or discussed with anyone.
• No history requests. Confirm the client will not ask you, or the candidate directly, for current pay. The statute's third-party wording means a client request to you is itself the problem.
• What the submittal will show: expectation, firmness, notice period, and structural items such as a pending bonus date, but no values.

How it works with the new posting rule

Since October 1, 2026, the same section requires every internal or public job advertisement to state the wages or wage range and a general description of benefits. For a position not advertised to the applicant, the employer must give the range and benefits description at the earliest of the applicant's request or before any discussion of compensation or an offer. Employees get their own range on hire, on a change of position, or on first request. Our Connecticut pay transparency guide covers the posting rule in detail. Combined with the history ban, the effect is that the employer's range is always the first number in the conversation.

Enforcement and penalties

• Lawsuits only. Under subsection (d), "any one or more employees or prospective employees" may sue in any court of competent jurisdiction. The section does not set an agency fine schedule.
• Remedies. An employer that violates subsection (b) "may be found liable for compensatory damages, attorney's fees and costs" and such legal and equitable relief as the court deems just and proper. Before October 1, 2026, the list also included punitive damages; Public Act 26-12 removed them.
• Deadline. An action may be brought no later than two years after the violation (subsection (e)).
• Retaliation. New subdivision (b)(11) bars retaliating or discriminating against an applicant or employee for exercising rights under the section, including refusing to interview or hire.

The "what do you make now?" moment: a script

Instead of asking

"The advertised range is $88,000 to $102,000 with health, dental and a 401(k) match (example figures). What are you looking for, and how firm is it?"

Learning what the offer has to account for

"Is your current package base only, or is there a bonus, commission or equity as well? Anything that pays out or vests in the next six months?" Stop there. Do not ask what the bonus or equity is worth.

When the candidate volunteers it

"Thanks for telling me. I'll focus on what you're asking for rather than what you earn now. You said $98,000?" Record the expectation; see what not to write in interview notes.

When the client asks

"Connecticut doesn't let you ask, and it specifically covers asking through a recruiter. I can tell you his expectation is $98,000 and that he has a bonus that pays in March, so a start date after that will matter to him."

A Connecticut checklist

1. Remove salary history questions from applications, screens and client intake templates for Connecticut roles and roles reporting into Connecticut.
2. Make sure every advertisement carries the wage range and benefits description from October 1, 2026.
3. Ask about compensation structure, not value, when you need to plan an offer.
4. Lead with the range and ask expectations; see salary expectation questions, and for the questions candidates ask back, how recruiters answer candidate salary questions.
5. Keep pay out of reference calls.

For how other states treat a volunteered number, see salary history ban states.