June 7, 2017

New York City Human Rights Law Has Been Amended

New York City Human Rights Law Has Been Amended, Prohibiting Employer's From Asking About, Or Relying On, A Prospective Employee's Salary.


The new law defines "salary history"  to "include[] the applicant's current or prior wage, benefits or other compensation," but explicitly excludes "any objective measure of the applicant's productivity such as revenue, sales, or other production reports."

Making an "inquiry" is "communicat[ing] any question or statement to an applicant, an applicant's current or prior employer, or a current or former employee or agent of the applicant's current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant's salary history." The law's definition of "inquiry" also includes "[conducting] a search of publicly available records or reports for the purpose of obtaining an applicant's salary history."

By Halloween of this year, New York City companies should do the following:

• Direct personnel involved in hiring, including internal and external recruiters, and staffing agencies, to stop asking about a  candidate's current or prior salary.

• Do not conduct research into a candidate's salary history from public resources.

• Inform applicants that they are not to voluntarily offer salary information.

• Delete salary history questions from job applications.

• Include in hiring manuals a methodology for establishing starting pay.

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