By Ellie Sheinwald
Continuing the legislative push to expand New York State’s anti-discrimination laws, Governor Andrew Cuomo signed Bill S6549 (“Salary History Inquiry Ban”) into law on July 10, 2019.[1] The Salary History Inquiry Ban, sponsored by New York State Senators David Carlucci, Anna Kaplan, and Rachel May, prohibits employers from seeking salary history from job applicants as a requirement for interviews, applications, offers or promotions. The law is aimed at eliminating one of the many causes of workplace discrimination. The law tackles the type of discrimination responsible for creating the pay gap most often experienced by women and persons of color. The purpose of the ban is to ensure equal pay for equal work and to prevent wage discrimination.
The Salary History Inquiry Ban has four tenets to which employers must adhere. First, employers must not rely on wage or salary history to determine whether to offer employment or to determine wage or salary.[2] Second, employers must not seek, request, or require an applicant or current employee’s wage or salary history as a condition to be interviewed, to continue to be considered for an offer, or for promotion.[3] Third, employers must not seek, request, or require an applicant or current employee’s wage or salary history from a current or former employer or employee.[4] Finally, employers cannot refuse to interview, hire, promote, employ, or retaliate against an applicant or current employee based on an individual’s prior wage or salary history, their refusal to provide wage or salary history information, or filing of a complaint with the New York State Division of Human Rights.[5] However, the law allows for past salary confirmation after a job offer with compensation was extended and the job applicant stated in writing that they permit this inquiry.[6]
Governor Cuomo signed the Salary History Inquiry Ban into law at the Ticker Tape Parade, following the U.S. Women’s Soccer Team’s historic win at the 2019 World Cup. The team has caught the attention of the world by highlighting the pay gap between their team and the U.S. Men’s Soccer Team. Senator Carlucci exclaimed that “[t]he U.S. Women’s Soccer Team reminds us equal work or even winning is not rewarded with equal pay . . . The first step in closing the gender pay gap is ending the salary history question so low salaries do not follow women throughout their career.”[7]
This new law is just one of many laws being passed by cities and states around the country in reaction to the lack of federal rules preventing discriminatory pay parities. When the law becomes effective statewide, employers must confront their current internal policies. Specifically, public and private employers must review their applications, hiring and promotion practices, and related policies to eliminate all questions regarding wage or salary history. Ultimately, the Salary History Inquiry Ban is a step in the right direction in terms of closing the pay gap for minority groups whose salary history often follows them to new job opportunities. Once the ban goes into effect on January 6, 2020,[8] there will hopefully be positive changes made in the policies and practices of both private and public employers in New York State.
[1] New York State Senate Bill S6549 (“Salary History Inquiry Ban”).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] SENATOR CARLUCCI & ASSEMBLYWOMAN GALEF ANNOUNCE LEGISLATION TO END PAY GAP: BAN THE SALARY HISTORY QUESTION, Rockland County Times (Apr. 6, 2017), https://www.rocklandtimes.com/2017/04/06/senator-carlucci-assemblywoman-galef-announce-legislation-to-end-pay-gap-ban-the-salary-history-question/ (last visited Oct. 10, 2019).
[7] New York State Senate, Senator Carlucci’s Bill To End The Salary History Question Is Signed Into Law Today At The Ticker Tape Parade For The US Women’s Soccer Team, New York State Senate Press Release (July 10, 2019), https://www.nysenate.gov/newsroom/press-releases/david-carlucci/senator-carluccis-bill-end-salary-history-question-signed-law.
[8] Salary History Inquiry Ban, supra note 1.
