NYC Issues Fact Sheets On Salary History Inquiry Ban


As I previously posted, beginning October 31, 2017, it will be unlawful in New York City for an employer to inquiry about a job applicant's salary history during the hiring process or rely upon an applicant's prior salary history when setting compensation.  The New York Commission on Human Rights, which enforces the law, has issued an Employer Fact Sheet and a Job Applicant Fact Sheet providing guidance on the law.

 The fact sheets explain what is prohibited and permissible under the new law. For example, employers cannot inquire about an applicant's salary history, search public records for an applicant's salary history, or rely upon an applicant's salary history to set compensation. Employers can inquire about an applicant's desired compensation, make statements about the anticipated salary for a job, and verify non-salary information about an applicant's prior employment.

The salary history inquiry ban applies to all employers that have at least one employee working in New York City.  Because the new law becomes effective in just over two weeks, New York City employers should, if they have not already done so, review and updated their hiring practices to ensure compliance with the law.  Please contact us at (201) 646-5358 or if you have any questions about your business's hiring practices.