Salary History Questions During Hiring Process are Illegal in NYC
Effective Oct. 31, 2017, it became illegal for public and private employers of any size in New York City to ask about an applicant’s salary history during the hiring process, including in advertisements for positions, on applications, or in interviews. Rather than rely on an applicant’s previous salary, employers and job applicants can now engage in salary negotiations focused on the applicant’s qualifications and requirements for the job to set a salary.
Everyone in New York City deserves to be paid based on their skills and qualifications, not their previous salary. Inquiring about salary history during the hiring process, an action banned under the new Law, often creates a cycle of inequity and discrimination in the workplace, which perpetuates lower salaries specifically for women and people of color.
If you experience salary history discrimination, we can help. Contact the NYC Commission on Human Rights to report discrimination at (718) 722-3131 or dial 311 and ask for "Human Rights."
Frequently Asked Questions: Our FAQ document provide a comprehensive look at the new law and answers any questions you have on its impact on you or your business.
Fact Sheets: Learn about your rights (Employees/Job Seekers) or your responsibilities (Employers): These fact sheets present an easy-to-read overview of the law banning the asking about salary history in applications, interviews, on advertisements, or during any part of the hiring process.