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Past Pay, Future Penalty

  • Writer: David Frank
    David Frank
  • Jan 20
  • 3 min read

I've spent years watching smart people negotiate against themselves. They walk into interviews prepared, confident, qualified. Then someone asks "What did you earn before?" and I watch the ceiling drop. Not dramatically. Not obviously. Just enough that six months later, they'll wonder why they feel underpaid in a role they were excited about. Here's the thing nobody tells you: the negotiation isn't won or lost when you discuss the offer. It's decided in that first conversation when you provide a number that seems like harmless context. This is about how that works, why even people who know better fall for it, and what you can actually do about it.


How Anchoring Actually Works


Research on cognitive bias reveals a pattern remarkably consistent across cultures, industries, and contexts. Psychologists Daniel Kahneman and Amos Tversky documented this in their pioneering work on judgment under uncertainty. In their experiments, participants showed systematic bias toward whatever initial value was presented, regardless of its relevance. The anchoring effect persists even when the anchor is generated randomly, even when people are warned about it.


The anchoring effect operates through what researchers call insufficient adjustment. Once an initial value enters awareness, people attempt to adjust away from it, but those adjustments typically fall short. The anchor reshapes perception of what seems reasonable or fair. Consider a professional who earned $65,000 at a smaller firm, now interviewing where the role typically commands $90,000 to $110,000. When asked about salary history, they provide the $65,000 figure. What might have been a $95,000 offer becomes $75,000.


Why This Matters More Than You Think


This would be simpler if pay history reflected consistent, rational systems. It rarely does. Salary history creates cascading consequences. Each new position negotiates from the baseline of the previous one. A suppressed starting salary becomes the foundation for all subsequent increases. Women and people of color, who face documented wage gaps even at career entry, carry those disparities forward through their entire careers.


Women working full time earn approximately 83 cents for every dollar earned by men. Even after accounting for education, experience, industry, and occupation, about 38 percent of that gap remains unexplained. When employers base compensation on salary history, they perpetuate whatever discriminatory patterns existed in previous roles.The Market Is Catching On (Slowly)


As of 2024, at least 21 states and numerous municipalities have enacted salary history bans. Federal agencies are implementing similar restrictions. Research examining Massachusetts's 2018 ban found encouraging results: women and minority candidates subsequently received higher offers and gender pay gaps narrowed. Yet adoption remains incomplete. Many employers continue requesting salary history where it remains legal.


What Actually Works


For Organizations: Establish transparent salary ranges based on role requirements, market research, and internal equity rather than individual histories. Ask candidates about salary expectations rather than history. Conduct regular market analyses to ensure compensation structures align with current conditions. Train managers to discuss the job's inherent value based purely on market data.


For Candidates: Never bring up money first. When asked about previous salary, shift to desired salary or the role's market value. Use market data as your anchor. Research shows that people adjust more readily from self-generated anchors than from anchors imposed by others. When you introduce a higher counter-anchor based on market value and your capabilities, it actually works.


Moving Forward


The anchoring effect transforms salary history from neutral information into cognitive constraint. Recognition is spreading, slowly. More jurisdictions ban salary history inquiries. More organizations establish compensation practices that evaluate present value rather than past earnings. More professionals understand how anchoring operates and adjust their negotiation strategies accordingly.


When that first number enters discussion, both parties can recognize it for what it is. Not destiny. Not inherent fair assessment. Just an anchor, holding position because nobody's pulled it free yet. And in those early moments of the conversation, something else becomes possible. A pause. A recalibration. A decision to let potential, rather than history, guide the next step.


IYNYK...


¹ Tversky, A., & Kahneman, D. (1974). Judgment under uncertainty: Heuristics and biases. Science, 185(4157).

² Kahneman, D. (2011). Thinking, Fast and Slow. Farrar, Straus and Giroux.

³ Program on Negotiation at Harvard Law School. (2025). What is Anchoring in Negotiation?

 
 
 

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