"Discriminatory questions in terms of salary history can happen in a couple of ways. It can be in an interview [with] an employer asking you what you made previously; it can mean an employer putting a question on an application about what you made previously; it could mean an employer calling your former employer or talking to someone from your old job and asking them what you made; and it could also mean looking into public records and trying to figure out," Brafman says. "There are two major prongs to the law; employers can't ask the question, and they also can't rely on the information — even if they get it — to set the salary."