To help employers understand the new salary inquiry prohibitions which go into effect on October 31st, the New York City Commission on Human Rights has released two fact sheets. Under the new law, “New York City employers generally may not inquire about or rely upon a job applicant’s salary history in making employment decisions”. Employers should review the fact sheets to consider if any changes to current employment applications or interview processes are necessary.
If the job applicant makes a voluntary and unprompted disclosure of his or her salary history to the prospective employer, the employer may consider salary history in determining the prospective employee’s salary, benefits, and other compensation, and verify the applicant’s salary history. Further, employers are not prohibited from asking job applicants about objective indicators of work productivity, such as revenue, sales, production reports, profits generated, or books of business.
The Commission will investigate complaints and employers may be required to pay damages or a fine, and/or be subject to mandated training or posting requirements.
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