Several new laws were passed in 2017 and 2018 affecting employers' obligations during the candidate screening process. These laws prohibit employers from inquiring about or relying on an applicant's salary history, criminal background, or other private information. The laws also ban pay discrimination and require employers to provide more transparency around criminal background checks. Non-compliance can result in legal liability for employers.

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1 Other employer facing laws may have been passed which are not included in this document.
This document is not intended to be comprehensive and should not be construed as legal advice.
Employers should discuss their legal and compliance obligations with their legal counsel.
2017 was a formidable year in terms of new employer-facing
laws that were passed by state or local governments. Here’s
a list of many of them with a brief summary of employers’
obligations as part of the candidate screening process1.
Applies to all employers and prohibits inquiries into, and reliance on,
an applicant’s salary history.
Salary History
1•1•2018
AB 168
Extends statewide ban-the-box law to employers with 5+ employees.
Permits criminal history inquiry only after conditional offer of employment.
Requires individualized assessment and written notice if applicant is disqualified.Criminal Background Checks
1•1•2018
AB 1008
Prohibits employers from screening applicants based on their compensation
histories, including by requiring that an applicant’s prior compensation satisfy
minimum or maximum criteria, and from seeking an applicant’s compensation
history from current or former employers.
Salary History
12•14•2017
HS 1
Prohibits employers from paying a lower rate than paid to employees
of a different gender for comparable work. Bans salary history inquiries and
prohibits employers from restricting employees from sharing wage information.
Equal Pay
7•1•2018
SB 2119
Removes the duty of the state central repository of criminal records to provide
certain information to employers and repeals immunity previously afforded
employers under specific circumstances.
Criminal Background Checks
1•1•2018
AB 76
This law was effective in 2017 and will be enforced in 2018.Equal Pay
3•8•2018
Act No. 16-2017
Requires certain government contractors to comply with the PR EPA. While this law
took effect in 2017, enforcement and liability attaches a year after enactment.
Equal Pay
8•1•2018
Act No. 61-2017
Prohibits prospective employers from asking about an applicant’s pay history.
Makes it illegal for employers to disclose that information about a current
or former employee, without written permission.
Salary History
7•1•2018
No. 170350
IT’S THE LAW-NOW!
IT’S THE LAW-NOW!
$
Prohibits employers from inquiring about an applicant’s salary history
and from relying on that history, unless it is offered voluntarily.Salary History
10•31•2017
No. 1253
$
Amends the definition of “employer” under the equal pay law
to include public and private employers.
Equal Pay
1•1•2018
Effective
California
Effective
California
Effective
California
Effective
San Francisco
Effective
Delaware
Effective
Massachusetts
Effective
Nevada
Effective
New York City
Enforced
Puerto Rico
Enforced
Puerto Rico
AB 46