SalaryHistory KYO


1 ASKING ABOUT SALARY HISTORY DURING THE HIRING PROCESS IS ILLEGAL IN NYC EMPLOYER FACT SHEET: Protections Against Inquiries into Job Applicants’ Salary History Starting October 31, 2017, employers in New York City cannot ask about or rely on salary history during the hiring process. The law is aimed at disrupting the cycle of wage inequality for women and people of color and encouraging employers to set compensation based on qualifications. Q. Q. Does this new law apply to my business? What is not prohibited? A. Employers can: A. Yes. This new law applies to all employers in New York City, regardless of size. If you employ at least one • Make statements about the anticipated salary, salary range, bonus, and benefits for a position. employee in New York City, you must comply with this law. • Inquire about applicants’ expectations or requirements Q. for salary, benefits, bonus, or commission structure. Who is protected? Ask about objective indicators of applicants’ work • A. Most applicants for new jobs in New York City are productivity in their current or prior jobs, such as protected, except: revenue, sales, production reports, profits generated, or Applicants for internal transfer or promotion with their • books of business. current employer. • Make inquiries to applicants’ current or former Applicants for positions with public employers for which • employers or search online to verify non-salary compensation is set pursuant to a collective bargaining information, such as work history, responsibilities, or agreement. However, City government agencies are achievements. However, if this results in the accidental prohibited from inquiring about or relying on job discovery of current or prior earnings or benefits, the applicants’ salary history pursuant to Mayoral Executive employer cannot rely on this information in making Order 21, signed on November 4, 2016. salary or benefits decisions. Make inquiries about salary history that are authorized • Q. What is prohibited? or required by federal, state, or local law. A. Employers cannot: Verify and consider current or prior earnings or benefits • • Ask applicants questions about or solicit information only if offered voluntarily and without prompting by the about applicants’ current or prior earnings or benefits, applicant during the interview process. for example on job applications. Q. Ask applicants’ current or former employers or their • What are the consequences for employers who employees about applicants’ current or prior earnings violate the law? or benefits. They may be required to pay damages, a fine, and/or be A. Search public records to learn about applicants’ current • subject to additional affirmative relief such as mandated or prior earnings or benefits. training and posting requirements. Rely on information about applicants’ current or prior • earnings or benefits to set their compensation. To learn more about your responsibilities as an employer in New York City under the You can sign up to attend a NYC Human Rights Law, visit training on the Law and access materials with helpful information on how to comply. #SalaryIsHistoryNYC TM Commission on @NYCCHR Human Rights

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