New York City Employers Banned from Asking Applicants About Salary History

Effective October 31, 2017 New York City becomes the next city following the recent trend of prohibiting employers from asking job applicants about their salary history.

Employers will no longer be able to legally ask applicants about their pay in former positions held nor can they search any publicly available records or reports to obtain the applicant’s salary history.

Employers in New York City should establish a salary or salary range based on the requirements of the position and/or the applicant’s prior job experience, education and/or skills/qualifications.

This new law applies to all New York City employers – both public and private – regardless of the number of employees paid by the employer.

This new rule will be enforced by the New York City Commission on Human Rights. Any employers found to violate the new law will be subject to a hefty penalty of up to $125,000 for each unintentional violation and up to $250,000 for each “intentional malicious violation.”

Employers in New York City should be sure to modify their job applications and hiring policies and procedures to no longer ask applicants about salary history. It’s also a good idea to make sure all staff involved in the hiring process is made aware of the new ban as well.