Rhode Island salary history ban: § 28-6-22 for recruiters

Rhode Island bars employers from seeking a job applicant's wage history, relying on it to decide whether to consider the applicant, or relying on it to set pay. The rule is R.I. General Laws section 28-6-22, which took effect January 1, 2023 as part of the state's pay equity act (Public Laws 2021, chapters 168 and 169). It is one of the more detailed bans: it has a defined route for a candidate who wants to use their current pay to push an offer higher, and a specific carve-out for unvested equity that a candidate would forfeit by resigning.

Some summaries cite section 28-6-18.1 for this rule. The official chapter index lists no such section; the wage history and wage range rules are in section 28-6-22, with definitions in 28-6-17 and enforcement in 28-6-19 to 28-6-21.

The statute

Under section 28-6-22(a), no employer shall:

1. "Rely on the wage history of an applicant when deciding whether to consider the applicant for employment";
2. "Require that an applicant's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment";
3. "Rely on the wage history of an applicant in determining the wages such applicant is to be paid by the employer upon hire"; or
4. "Seek the wage history of an applicant."

Section 28-6-17 defines "wage history" as the wages paid to an applicant by their current or previous employers, excluding "any objective measure of the applicant's productivity, such as revenue, sales, or other production reports." "Wage" includes benefits. Subsection (e) of 28-6-22 adds that an employer may not refuse to interview, hire, promote or employ an applicant, or retaliate, because the applicant did not provide wage history or asked for the wage range.

Who is covered

The chapter adopts the definition of employer in section 28-14-1: any individual, firm, partnership, association, corporation and similar entities, "and any agent or officer of any of the previously mentioned classes, employing any person in this state." There is no headcount threshold, and the agent language brings an agency recruiter acting for the client within the rule. Section 28-6-22(b)(4) confirms that an employer is not penalized for knowing the wage history of someone who already works for it.

What is banned and what is allowed

The post-offer route to a higher wage

Subsection (b) is precise. After the employer "makes an initial offer of employment with an offer of compensation," it may rely on wage history "to support a wage higher than the wage offered" if the history was "voluntarily provided by the applicant for employment without prompting from the employer." It may seek to confirm that history to support the higher wage, and it may rely on it only "to the extent that the higher wage does not create an unlawful pay differential" based on the characteristics protected by section 28-6-18(a).

The direction is one-way. History can lift an offer, never lower it or justify holding it. The pay-equity limit is real: if a higher wage for this candidate would leave a colleague of a different sex or race paid less for comparable work, the route closes. For handling that conversation with the candidate, see counteroffer conversation script.

Forfeited equity and deferred pay

Subsection (b)(5) says nothing in the chapter precludes "verifying information voluntarily provided by a job applicant about an applicant's unvested equity or deferred compensation that an applicant would forfeit or have cancelled" by resigning. This is the buyout conversation in senior and technical hiring. If the candidate raises an unvested grant, you may verify it. You still may not ask what their salary is.

The wage range rule in the same section

Subsection (c) requires the employer, on the applicant's request, to provide the wage range for the position, and says the employer "should provide" a range "prior to discussing compensation." Employees get their own range at hire, on moving to a new position and on request. Note the difference in wording: providing on request is mandatory, while providing before any pay discussion is phrased as "should." We found no Rhode Island law requiring ranges in job postings as of October 2026. Our Rhode Island pay transparency guide covers the range duties in detail.

The practical reading for recruiters: give the range before you ask about expectations every time. It satisfies the "should," and it is the best defense against the history question coming up at all.

Enforcement and penalties

• Who enforces. The director of labor and training enforces the chapter under section 28-6-19, and can take an assignment of a claim. An applicant, employee or former employee may file a complaint with the director or sue in court, but cannot sue after the director has issued notice of an administrative hearing on the same complaint.
• Deadline. Claims must be filed within two years of when the claimant knew or should have known of the practice.
• Damages. Under section 28-6-20(b), an employer that violates 28-6-22 is liable for compensatory damages, or special damages up to $10,000, equitable relief and reasonable attorneys' fees and costs.
• Civil penalties. Section 28-6-21 adds a penalty of up to $1,000 for a first violation, up to $2,500 with one prior violation in five years, and up to $5,000 with two or more in seven years. Penalties could not be assessed during 2023 and 2024; that grace period has ended.

What the agency submittal should carry

Rhode Island's rules give agencies a clear division of labor. Before the offer, the candidate's pay history has no lawful use, so it does not belong in the submittal or the ATS. After the offer, history can enter only as the candidate's own unprompted argument for a higher number, and only the employer can decide whether to rely on it and confirm it. A workable submittal for a Rhode Island role carries:

• the candidate's expectation and how firm it is;
• notice period and start date constraints;
• any forfeited equity or deferred pay the candidate has raised, described as the candidate described it, since subsection (b)(5) allows verification of that information;
• no current or past salary, bonus or benefits figures.

A candidate submittal template without a current-salary field keeps this consistent across the desk.

A Rhode Island script

Before any pay talk

"The range for this role is $74,000 to $86,000 (example figures). What are you looking for?"

When the candidate asks if you need their pay history

"No. We don't ask, and not answering won't affect your application."

After the offer, when the candidate says it is below their current pay

"Thanks for telling me. I'll take that back to the client as a request for a higher number." Pass on the request, and leave any verification decision to the employer and its counsel.

Rhode Island checklist

1. Remove wage history questions and pay-based knockouts from applications and screens.
2. Give the range before discussing pay, and always on request.
3. Use volunteered history only after an initial offer, only upward, and only within pay equity limits.
4. Verify forfeited equity only when the candidate raises it.
5. Ask expectations with the wording in salary expectation questions.

For the other states, see salary history ban states.