New York City Prohibition on Salary History Inquiries Takes Effect October 31, 2017:
In May, New York City Mayor Bill de Blasio signed Intro. 1253 into law, which prohibits all New York City employers from inquiring about a prospective employee’s salary history. Beginning October 31, 2017, New York City employers may not do the following:
- Ask applicants — whether on an application or at any time during the interview process — how much they earned in the past.
- Ask the applicant’s previous employers about their salary history.
- Search public records in an attempt to uncover this information.
If an employer is aware of or becomes aware of an applicant’s salary history, that information should not be used to determine the rate of pay offered unless the information was volunteered by the applicant without any kind of prompting. The New York City Commission on Human Rights will enforce the law. Violators may be subject to a penalty of up to $250,000 for willful and malicious violations of the law, in addition to any compensatory damages awarded to the employee.