New York state passed a bill that would prohibit employers from asking job applicants and employees about their wage or salary history. Governor Cuomo is expected to sign the bill, which would become effective after 180 days. Specifically, the legislation would make it unlawful to rely on an applicant’s wage or salary history in determining whether to offer employment or in determining the wages or salary offered to the applicant. Additionally, employers may not seek, request, or require wage or salary history from an applicant or current employee as a condition of being interviewed for, considered for, or receiving employment or a promotion. The bill would also make it unlawful to retaliate against an individual by refusing to hire, promote, or otherwise employ or retaliate against an applicant or employee “based upon prior wage or salary history,” or a refusal to provide wage or salary history.
The legislation does allow for several exceptions.