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Do I have to disclose my current salary?

Short answer: in a growing number of places, no — and even where it's technically legal to ask, you're rarely required to answer.

By 6 min read

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Short answer: in a growing number of places, no — and even where it's technically legal to ask, you're rarely required to answer.

Where salary history questions are restricted

A number of US states and cities have salary history ban laws that prohibit employers from asking about your current or past pay during hiring. Several EU countries have introduced similar protections as part of implementing the Pay Transparency Directive, which shifts the emphasis from "what do you currently earn" toward "here's the range for this role." Coverage varies significantly by location, so it's worth a quick check on your specific country or state before you rely on this in an interview.

Even where it's legal to ask, you don't have to answer with a number

This is the part most people miss — a legal ban isn't the only tool here. Even in places with no restriction at all, "what's your current salary" is a request, not an obligation, and you can redirect it without being evasive or difficult.

What to say instead

"I'd rather focus on the value I'd bring to this specific role and the market rate for it, rather than my current pay, which reflects a different scope. Based on my research, I'm looking for something in the range of [X to Y] for this position."

This works whether or not a salary history ban technically applies to you — it reframes the conversation around the role's market value, which is the number that should actually determine your offer, not your last employer's internal pay decisions.

If they push back and ask again directly

"I understand you're trying to figure out where we land — I'd feel more comfortable keeping the conversation focused on the range for this role. Is there a chance you could share what's budgeted for this position?"

This last line does double duty: it declines to answer and turns the question back around, which is your right in most jurisdictions under the salary range disclosure requirements now in effect across much of the EU and a growing list of US states.

Our piece on what to say when a recruiter asks your salary expectations goes deeper on defusing this specific moment, and the FAQ covers the rest of the awkward questions.

Written by the Negotiaelle team · negotiaelle.com

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