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Michigan and Wisconsin preemptively ban prohibitions against salary history inquiries

In stark contrast to a trend of authorities that have begun to prohibit inquiries into salary histories, Michigan and Wisconsin have each now passed legislation that prohibits and preempts any effort within those states by local governments to enact such a prohibition.

While Wisconsin’s ban is more limited in nature, Michigan’s makes no effort to limit its ban to questions involving salary histories. It is a broad ban on any effort in the state to limit or mandate the type of questions asked on applications. Here is the operative language of Michigan’s law:

A local governmental body shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating information an employer or potential employer must request, require, or exclude on an application for employment or during the interview process from an employee or a potential employee. This section does not prohibit an ordinance, local policy, or local resolution requiring a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body.

Source: Michigan S.B. 0353; Wisconsin A.B. 748.