Executive Summary: Starting October
31, 2017, a New York City law will make it illegal for employers to
"inquire" into an applicant's salary history. The law
also prohibits employers who are aware of an applicant's salary
history from relying on that history in determining his or her
compensation.
The new law states that an inquiry into salary history
constitutes an unlawful discriminatory practice under the New York
City Human Rights law. The legislation defines "inquire"
broadly: it covers direct questions or statements to the applicant,
but also questions or statements to the applicant's current or
former employer. It further prohibits an employer from conducting a
search of publicly available records or reports for salary history.
The law does allow an employer, however, to inquire into the
applicant's desired salary or salary range.
