City of New York to Ban Salary History Questions

(Last Updated On: October 5, 2018)

salary history

Special Announcement to all City of New York employers:

On May 4th, 2017, the Mayor of the City of New York, NY signed Law 1253-A, amending section 8-107 of the Administrative Code of New York. This law will prohibit employers from inquiring about a prospective employee’s salary history. It will be effective in 180 days.

This law makes the following an unlawful discriminatory practice:

  • To inquire about the salary history of an applicant for employment; or
  • To rely on the salary history of an applicant in determining the salary, benefits or other compensation for such applicant during the hiring process, including the negotiation of a contract.

The new law is likely to be favorable for employers and job candidates alike while placing new responsibilities on both parties. It will require a review of the hiring process in place, including any documentation or forms that all applicants must complete, and may require changes to that process.

The complete text of the legislation can be found here.

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes, if any, need to be made to your hiring process.

 

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

 

 

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