Iowa salary history ban: no state law, and Iowa Code 364.3(12) keeps cities from adding one
On this page
- Is it illegal to ask about salary history in Iowa?
- What would SF 187 have done?
- Can an Iowa city or county pass its own ban?
- What does Iowa's wage discrimination law require?
- Can an Iowa employer use prior pay to set an offer?
- Do neighboring states' bans reach Iowa recruiters?
- Should an Iowa recruiter ask about current pay?
- An Iowa script
- Iowa summary
- Iowa checklist
- Questions people ask
Iowa has no law that bars employers from asking job candidates about their salary history, as of October 2026, and unlike most states without a ban, its cities and counties cannot add one. Iowa Code 364.3(12) bars a city from adopting, enforcing or administering any ordinance on terms of employment that exceed or conflict with state or federal law on "hiring practices," and Iowa Code 331.304 does the same for counties. The 2025 bill that would have created a statewide ban, Senate File 187, stalled in committee. What applies instead is Iowa Code 216.6A, the state's wage discrimination law, which reaches employers with as few as four employees.
Not legal advice. This page summarizes Iowa Code sections 216.6A, 331.304 and 364.3 as published by the Iowa Legislature in the Iowa Code 2026, the Legislature's record for SF 187, and federal law, as of October 2026. Other states' laws may apply to remote roles. Consult Iowa counsel for specific decisions.
Is it illegal to ask about salary history in Iowa?
No. The Iowa Code has no salary history provision, and a search of the Iowa Legislature's current (2025-2026) legislation for "salary history," "wage history" and "compensation history" finds only one bill, SF 187, which was not enacted. Private and public employers may ask; a candidate may decline, and no Iowa statute protects that choice. The state's other hiring rules are in hiring employees in Iowa.
What would SF 187 have done?
Senate File 187, the "Pay Transparency and Fairness Act," would have added a new subsection 2A to Iowa Code 216.6A making it an unfair or discriminatory practice for an employer or its agent to, among other things:
- "Seek salary history information, including but not limited to information on compensation and benefits, from a potential employee as a condition of a job interview or employment," while still allowing a question about "what salary level the prospective employee would require in order to accept a job";
- release a current or former employee's salary history to a prospective employer during hiring "without written authorization from such current or former employee";
- advertise a position without its minimum rate of pay, and pay a new hire less than the advertised rate.
It also would have narrowed the "any other factor" defense to bona fide, job-related factors consistent with business necessity and not derived from a discriminatory pay difference. The bill was introduced and referred to the Senate Workforce Committee on February 3, 2025; a subcommittee was named on February 4, 2025, and its history shows no later action as of October 2026.
Can an Iowa city or county pass its own ban?
No, and this is what sets Iowa apart from other states without a statewide law. Iowa Code 364.3(12)(a) reads:
"A city shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment providing for any terms or conditions of employment that exceed or conflict with the requirements of federal or state law relating to a minimum or living wage rate, any form of employment leave, hiring practices, employment benefits, scheduling practices, or other terms or conditions of employment."
Paragraph (b) makes any such ordinance adopted before March 30, 2017 "void and unenforceable on and after March 30, 2017." Iowa Code 331.304(12) applies the same text to counties. A local salary history ban would be an ordinance on hiring practices that exceeds state and federal law, which is what these sections forbid, so an ordinance like Cincinnati's or Kansas City's is not available to Des Moines or Iowa City. Consistent with that, we searched the Des Moines and Cedar Rapids codes on Municode for "salary history" and "wage history" in October 2026 and found nothing.
Our list of salary history ban states names Wisconsin and Michigan as states that block local bans; Iowa's statute does the same work through its broader "hiring practices" language.
What does Iowa's wage discrimination law require?
Iowa Code 216.6A makes it an unfair or discriminatory practice "for any employer or agent of any employer" to pay an employee less than other employees in the same establishment "for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions," because of the employee's age, race, creed, color, sex, sexual orientation, national origin, religion or disability. Compared with the federal Equal Pay Act:
| Feature | Iowa Code 216.6A | Federal Equal Pay Act |
|---|---|---|
| Who is protected | Nine characteristics, from age to disability | Sex only |
| Employer size | Four or more individuals regularly employed, not counting family members | Employers with employees covered by the Fair Labor Standards Act |
| Agents | Expressly covers "any employer or agent of any employer" | Addressed to the employer |
| Defenses | Seniority, merit, production systems, or "any other factor other than" a protected characteristic | Seniority, merit, production systems, or "any other factor other than sex" (29 U.S.C. 206(d)(1)) |
Two more details. Section 216.6A(2)(b) says a violation occurs when a discriminatory pay decision is adopted, when someone becomes subject to it, or when someone is affected by it, "including each time wages, benefits, or other compensation is paid," so an offer priced off biased prior pay keeps producing claims for as long as it is paid. And the words "or agent of any employer" matter to staffing firms and recruiters: Iowa's statute names you directly.
Can an Iowa employer use prior pay to set an offer?
Nothing in Iowa law forbids considering it, but it is a weak defense for a gap. Under both 216.6A and the federal Act, the employer must prove that a "factor other than" the protected characteristic explains the difference. The EEOC's Compliance Manual section on compensation discrimination, issued in 2000 and still on eeoc.gov as of October 2026, says "Prior salary cannot, by itself, justify a compensation disparity," because prior pay can carry forward earlier discrimination. Title VII, 42 U.S.C. 2000e-2(a), adds a federal claim for employers with 15 or more employees.
Because 216.6A protects nine characteristics rather than one, a pay gap traced to prior salary can be challenged on more grounds in Iowa than under the federal Equal Pay Act alone. Offers that rest on the posted range and documented, job-related factors avoid the question.
Do neighboring states' bans reach Iowa recruiters?
Often, because two neighbors ban the question statewide. If the person will work in Minnesota, see the Minnesota salary history ban, which also covers employment agencies; if in Illinois, see the Illinois salary history ban. Kansas City, Missouri, bans it for employers with six or more employees. Wisconsin goes the other way: 2017 Wisconsin Act 327 says "An employer may solicit information regarding the salary history of prospective employees" and bars local bans. Remote postings raise the matching pay range question; see pay transparency for remote jobs.
Should an Iowa recruiter ask about current pay?
| Situation | Iowa rule | Practical call |
|---|---|---|
| "What are you making now?" for an Iowa job | Lawful | Ask for expectations instead |
| A city or county rule says otherwise | Preempted by 364.3(12) or 331.304(12) | Follow state and federal law |
| Offer set to match prior pay | Allowed as a factor; a weak defense for a gap under 216.6A or the federal Act | Anchor offers to the range and job-related factors |
| Recruiter steers the client to a lower offer because of prior pay | 216.6A names agents of employers | Don't; pass on expectations, not history |
| Hire will work in Minnesota or Illinois | That state's ban applies | Do not ask, from any source |
For agencies with desks on both sides of the Mississippi or the Minnesota line, one no-history process is simpler than tracking each candidate's state. Licensing and screening rules are in Iowa staffing agency licensing, Iowa background check laws and E-Verify requirements in Iowa.
An Iowa script
Opening the pay topic
"This role pays $56,000 to $64,000 plus benefits (example figures). What would you need to make a move?" More wording is in salary expectation questions.
When the client asks what the candidate earns now
"I don't collect current pay; Iowa's pay law covers us as your agent, and offers are easier to defend when they come from the range. Her expectation is $62,000."
When the candidate volunteers current pay
"Thanks. We set pay from the role, so the useful number is what you're looking for." Record the expectation only.
Iowa summary
| Item | The rule | Source |
|---|---|---|
| Statewide salary history ban | None | Iowa Code 2026; Legislature search, October 2026 |
| 2025 bill | SF 187 would have banned seeking salary history; no action after February 4, 2025 | SF 187 |
| City ordinances | Barred on hiring practices; pre-March 30, 2017 ordinances void | Iowa Code 364.3(12) |
| County ordinances | Same bar | Iowa Code 331.304(12) |
| State pay discrimination | Nine protected characteristics; employers with 4+; covers agents | Iowa Code 216.6A |
| Federal | Equal Pay Act; Title VII for 15+ employees | 29 U.S.C. 206(d); 42 U.S.C. 2000e-2 |
Iowa checklist
- Adopt a no-pay-history policy even though Iowa allows the question.
- Share the range first and ask for expectations.
- Record the job-related reasons for each offer; do not let prior pay explain a gap.
- Keep volunteered figures out of notes and submittals; see what not to write in interview notes.
- Check the state where a remote hire will work, starting with Minnesota and Illinois.
Questions people ask
Is it legal to ask about salary history in Iowa?
Yes. As of October 2026, Iowa has no law that bars employers from asking job candidates about current or past pay. The 2025 bill that would have banned it, Senate File 187, was referred to the Senate Workforce Committee on February 3, 2025 and shows no action after a subcommittee was named the next day.
Can Des Moines or another Iowa city ban salary history questions?
No. Iowa Code 364.3(12) says a city shall not adopt, enforce or otherwise administer an ordinance on terms or conditions of employment that exceed or conflict with federal or state law relating to hiring practices, wages, leave, benefits or scheduling, and Iowa Code 331.304 says the same for counties. Local rules adopted before March 30, 2017 that violate it are void.
Does Iowa's equal pay law cover small employers?
Yes, down to four employees. Iowa Code 216.6A bars paying employees less because of age, race, creed, color, sex, sexual orientation, national origin, religion or disability for equal work, and it applies to employers that regularly employ four or more individuals, not counting the employer's family members.
Can an Iowa employer use my old salary to set my pay?
Iowa law does not forbid considering it, but it cannot be the reason for a discriminatory gap. Iowa Code 216.6A allows a pay differential based on any other factor other than a protected characteristic, which the employer must prove, and the EEOC's compliance manual says prior salary cannot, by itself, justify a compensation disparity.