Over the last several decades, pay secrecy policies have persisted – and even thrived – in the American workplace. Employees who are told not to discuss their compensation with their colleagues rarely question the legality of such a prohibition and, even if they did, are fearful of violating it for fear of losing their job. As a result, pay secrecy policies have long provided a critical advantage to employers during salary negotiations, and prevented employees from assessing how their pay compares to their peers.

Employees’ ability to discuss their own compensation and that of their colleagues, one of the elements of “pay transparency,” is seen as a key component of pay equity, and is rece