Assembly Bill A2040C

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2040
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
   JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
   SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
   referred to the Committee on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to prohibiting employers
   from seeking salary history from prospective employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent.  The legislature hereby finds that New
 York should lead the nation in preventing wage discrimination.
   The wage gap between men and women is  one  of  the  oldest  and  most
 persistent effects of inequality between the sexes in the United States.
   The  1963  Equal  Pay  Act and the 1964 Civil Rights Act in the United
 States established the legal right to equal pay for equal work and equal
 opportunity. Yet half a century later, women are still subjected to wage
 gaps and paid less then men.
   The concept of comparable worth attacks the  problem  of  gender-based
 wage  discrimination  by  mandating  that  jobs characterized by similar
 levels of education, skill, effort, responsibilities, and working condi-
 tions be compensated at similar wage levels regardless of the gender  of
 the worker holding the job.
   The goal of pay equity is to raise the wages for undervalued jobs held
 predominantly  by  women.    Today,  women  make only 77 cents per every
 dollar earned by a man for a comparable job, a gender  wage  gap  of  23
 percent.
   This  translates into thousands of dollars of lost wages each year for
 each female worker, money that helps them feed their families, save  for
 a college education and afford decent and safe housing.
   Pay disparities affect women of all ages, races, and education levels,
 but  are  more  pronounced  for  women  of color. Minority women make as
 little as 54 cents per dollar for a comparable job held by a man.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05679-01-7

 A. 2040                             2
 
   Female-dominated jobs pay twenty to thirty percent less than  male-do-
 minated jobs classified as comparable in worth and more than one half of
 all women work in jobs that are over seventy percent female.
   Women are more likely to enter poverty in old age for several reasons:
 A  lifetime  of  lower  wages  means  women have less income to save for
 retirement, and less income that counts  in  their  Social  Security  or
 pension benefit formula.
   The  current  life expectancy for women means they will, on an average
 of three years, outlive men. Yet they will have to stretch their retire-
 ment savings, which are less to begin with,  over  a  longer  period  of
 time.
   The  existence  of  pay inequity is a manifestation of deep-seated sex
 discrimination that prevents both equality of pay for women and equality
 of opportunity for both sexes.
   More women in the United States  are  obtaining  college  degrees  and
 increasing  their  participation  in the labor force and family-friendly
 legislation, including the Equal Pay Act, Family and Medical Leave  Act,
 and  Pregnancy  Discrimination  Act,  and policies such as flex time and
 telecommuting, have increased options to create a win-win situation  for
 women and their employers.
   Despite  the  progress,  women  continue to suffer the consequences of
 inequitable pay differentials: in  2010,  the  average  college-educated
 woman  working full-time earned $47,000 a year compared to $64,000 for a
 college-educated man.
   During 2012, median weekly earnings for female full-time workers  were
 $691,  compared  with  $854  per  week  for men, a gender wage gap of 19
 percent.
   Fair pay strengthens the security of families and eases future retire-
 ment costs while also strengthening the American economy.  In  order  to
 achieve fair pay, policymakers must enact laws that prevent gender based
 wage discrimination from when women enter the labor force.
   In  order  to  do  so,  it is necessary to prevent employers to base a
 woman's pay based on her  previous  pay  history.  Because  the  pay  is
 already  based  on  gender  discrimination,  allowing  pay history to be
 requested by employers is equivalent to maintaining a standard of  lower
 pay  for  women performing similar jobs as men.  This practice of asking
 for pay history must be outlawed.
   § 2. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 19-a to read as follows:
   19-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE OF ANY EMPLOYER,
 LABOR  ORGANIZATION, EMPLOYMENT AGENCY OR LICENSING AGENCY, OR EMPLOYEES
 OR AGENTS THEREOF, TO SEEK A SALARY HISTORY FROM A PROSPECTIVE  EMPLOYEE
 FOR AN INTERVIEW OR AS A CONDITION FOR EMPLOYMENT.
   §  3.  The department of labor, in conjunction with the New York state
 division of human rights, shall establish a public  awareness  campaign,
 available on their respective websites, informing employers in the state
 that  it  is illegal to seek salary information from prospective employ-
 ees.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2040--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
   JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
   SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
   referred  to  the  Committee  on  Governmental Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to prohibiting  employers
   from seeking salary history from prospective employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  The legislature hereby finds that  New
 York should lead the nation in preventing wage discrimination.
   The  wage  gap  between  men  and  women is one of the oldest and most
 persistent effects of inequality between the sexes in the United States.
   The 1963 Equal Pay Act and the 1964 Civil Rights  Act  in  the  United
 States established the legal right to equal pay for equal work and equal
 opportunity. Yet half a century later, women are still subjected to wage
 gaps and paid less then men.
   The  concept  of  comparable worth attacks the problem of gender-based
 wage discrimination by mandating  that  jobs  characterized  by  similar
 levels of education, skill, effort, responsibilities, and working condi-
 tions  be compensated at similar wage levels regardless of the gender of
 the worker holding the job.
   The goal of pay equity is to raise the wages for undervalued jobs held
 predominantly by women.   Today, women make  only  77  cents  per  every
 dollar  earned  by  a  man for a comparable job, a gender wage gap of 23
 percent.
   This translates into thousands of dollars of lost wages each year  for
 each  female worker, money that helps them feed their families, save for
 a college education and afford decent and safe housing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05679-02-7
              

 A. 2040--A                          2
 
   Pay disparities affect women of all ages, races, and education levels,
 but are more pronounced for women  of  color.  Minority  women  make  as
 little as 54 cents per dollar for a comparable job held by a man.
   Female-dominated  jobs pay twenty to thirty percent less than male-do-
 minated jobs classified as comparable in worth and more than one half of
 all women work in jobs that are over seventy percent female.
   Women are more likely to enter poverty in old age for several reasons:
 A lifetime of lower wages means women  have  less  income  to  save  for
 retirement,  and  less  income  that  counts in their Social Security or
 pension benefit formula.
   The current life expectancy for women means they will, on  an  average
 of three years, outlive men. Yet they will have to stretch their retire-
 ment  savings,  which  are  less  to begin with, over a longer period of
 time.
   The existence of pay inequity is a manifestation  of  deep-seated  sex
 discrimination that prevents both equality of pay for women and equality
 of opportunity for both sexes.
   More  women  in  the  United  States are obtaining college degrees and
 increasing their participation in the labor  force  and  family-friendly
 legislation,  including the Equal Pay Act, Family and Medical Leave Act,
 and Pregnancy Discrimination Act, and policies such  as  flex  time  and
 telecommuting,  have increased options to create a win-win situation for
 women and their employers.
   Despite the progress, women continue to  suffer  the  consequences  of
 inequitable  pay  differentials:  in  2010, the average college-educated
 woman working full-time earned $47,000 a year compared to $64,000 for  a
 college-educated man.
   During  2012, median weekly earnings for female full-time workers were
 $691, compared with $854 per week for men,  a  gender  wage  gap  of  19
 percent.
   Fair pay strengthens the security of families and eases future retire-
 ment  costs  while  also strengthening the American economy. In order to
 achieve fair pay, policymakers must enact laws that prevent gender based
 wage discrimination from when women enter the labor force.
   In order to do so, it is necessary to  prevent  employers  to  base  a
 woman's  pay  based  on  her  previous  pay  history. Because the pay is
 already based on gender  discrimination,  allowing  pay  history  to  be
 requested  by employers is equivalent to maintaining a standard of lower
 pay for women performing similar jobs as men.  This practice  of  asking
 for pay history must be outlawed.
   §  2.  Section  296  of  the  executive law is amended by adding a new
 subdivision 19-a to read as follows:
   19-A. (A) IT SHALL BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  OF  ANY
 EMPLOYER, PROSPECTIVE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY OR
 LICENSING  AGENCY,  OR  EMPLOYEES  OR  AGENTS  THEREOF, TO SEEK A SALARY
 HISTORY FROM A PROSPECTIVE EMPLOYEE FOR AN INTERVIEW OR AS  A  CONDITION
 FOR EMPLOYMENT.
   (B)  AN  EMPLOYEE OR PROSPECTIVE EMPLOYEE MAY PROVIDE A SALARY HISTORY
 ONLY FOR THE PURPOSES OF NEGOTIATING AN ADVANCED SALARY.
   (C) A PROSPECTIVE EMPLOYER MAY ONLY CONFIRM  A  SALARY  HISTORY  AFTER
 OBTAINING  WRITTEN  AUTHORIZATION  BY  THE PROSPECTIVE EMPLOYEE AND SUCH
 PROSPECTIVE EMPLOYER MUST PRESERVE PROOF OF THAT AUTHORIZATION.
   § 3. The department of labor, in conjunction with the New  York  state
 division  of  human  rights,  shall  (a)  establish  a  public awareness
 campaign, available on their respective websites, informing employers in
 the state that it is illegal to seek salary information from prospective

 A. 2040--A                          3
 
 employees; and (b) collect  complaints  of  violations  of  section  two
 hundred  ninety-six  of  the executive law through their toll free tele-
 phone number and provide data regarding the number of complaints and the
 regions  of  the  state  where  the  complaints  originate  in an annual
 required reporting on labor and human rights law violations.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2040--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
   JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
   ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
   STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
   BRONSON -- read once and referred to  the  Committee  on  Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting wage or salary
   history inquiries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  194-a  to
 read as follows:
   §  194-A.  WAGE OR SALARY HISTORY INQUIRIES PROHIBITED. 1. NO EMPLOYER
 SHALL:
   A. RELY ON THE WAGE OR SALARY HISTORY OF  A  PROSPECTIVE  EMPLOYEE  OR
 CURRENT  OR  FORMER EMPLOYEE IN DETERMINING THE WAGES OR SALARY FOR SUCH
 INDIVIDUAL.
   B. ORALLY OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE  OR  SALARY
 HISTORY  FROM  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE AS A
 CONDITION TO BE INTERVIEWED, OR AS  A  CONDITION  OF  CONTINUING  TO  BE
 CONSIDERED  FOR  AN OFFER OF EMPLOYMENT, OR AS A CONDITION OF EMPLOYMENT
 OR PROMOTION.
   C. ORALLY OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE  OR  SALARY
 HISTORY  OF  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE FROM A
 CURRENT OR FORMER EMPLOYER EXCEPT AS PROVIDED IN SUBDIVISION 3  OF  THIS
 SECTION.
   D.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE OR CURRENT OR  FORMER  EMPLOYEE
 BASED UPON PRIOR WAGE OR SALARY HISTORY.
   E.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE BECAUSE THE PROSPECTIVE EMPLOY-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05679-09-7

 A. 2040--B                          2
 
 EE OR CURRENT OR FORMER EMPLOYEE DID NOT PROVIDE WAGE OR SALARY  HISTORY
 IN ACCORDANCE WITH THIS SECTION.
   F.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE OR CURRENT OR  FORMER  EMPLOYEE
 BECAUSE  THE  PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE FILED A
 COMPLAINT WITH THE DEPARTMENT ALLEGING A VIOLATION OF THIS SECTION.
   2. NOTHING IN THIS SECTION SHALL PREVENT  A  PROSPECTIVE  EMPLOYEE  OR
 CURRENT  OR  FORMER  EMPLOYEE FROM VOLUNTARILY DISCLOSING WAGE OR SALARY
 HISTORY, INCLUDING BUT NOT LIMITED TO FOR THE  PURPOSES  OF  NEGOTIATING
 WAGES OR SALARY.
   3.  A  PROSPECTIVE EMPLOYER MAY CONFIRM WAGE OR SALARY HISTORY ONLY IF
 AT THE TIME AN OFFER  OF  EMPLOYMENT  WITH  COMPENSATION  IS  MADE,  THE
 PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE RESPONDS TO THE OFFER
 BY  PROVIDING  PRIOR  WAGE  INFORMATION  TO  SUPPORT  A WAGE HIGHER THAN
 OFFERED BY THE EMPLOYER.
   4. FOR THE PURPOSES OF THIS SECTION, "EMPLOYER" SHALL INCLUDE BUT  NOT
 BE  LIMITED TO ANY PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSO-
 CIATION, LABOR ORGANIZATION, OR ENTITY EMPLOYING ANY INDIVIDUAL  IN  ANY
 OCCUPATION,  INDUSTRY,  TRADE,  BUSINESS OR SERVICE. FOR THE PURPOSES OF
 THIS SECTION, THE TERM "EMPLOYER" SHALL INCLUDE THE STATE, ANY POLITICAL
 SUBDIVISION THEREOF, ANY PUBLIC  AUTHORITY  OR  ANY  OTHER  GOVERNMENTAL
 ENTITY  OR INSTRUMENTALITY THEREOF, AND ANY PERSON, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION OR ENTITY ACTING AS AN EMPLOYMENT  AGENT,
 RECRUITER,  OR  OTHERWISE  CONNECTING  PROSPECTIVE  EMPLOYEES  AND  WITH
 EMPLOYERS.
   5. (A) IF THE COMMISSIONER FINDS, AFTER NOTICE AND AN  OPPORTUNITY  TO
 BE  HEARD, THAT AN EMPLOYER HAS VIOLATED THE PROVISIONS OF THIS SECTION,
 THE COMMISSIONER MAY BY AN ORDER WHICH SHALL DESCRIBE  PARTICULARLY  THE
 NATURE  OF  THE  VIOLATION,  ASSESS A CIVIL PENALTY OF NOT MORE THAN ONE
 THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, NOT MORE THAN  TWO  THOU-
 SAND  DOLLARS  FOR  A  SECOND VIOLATION AND NOT MORE THAN THREE THOUSAND
 DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE  PAID
 TO THE COMMISSIONER FOR DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESS-
 ING THE AMOUNT OF THE PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDER-
 ATION  TO  THE  SIZE  OF  THE EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE
 EMPLOYER, THE GRAVITY OF THE VIOLATION,  AND  THE  HISTORY  OF  PREVIOUS
 VIOLATIONS.
   (B)  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE AGGRIEVED BY
 A VIOLATION OF THIS SECTION MAY BRING A CIVIL  ACTION  FOR  COMPENSATION
 FOR  ANY  DAMAGES  SUSTAINED  AS A RESULT OF SUCH VIOLATION ON BEHALF OF
 SUCH EMPLOYEE, OTHER PERSONS SIMILARLY SITUATED, OR BOTH, IN  ANY  COURT
 OF COMPETENT JURISDICTION. THE COURT MAY AWARD INJUNCTIVE RELIEF AS WELL
 AS  REASONABLE  ATTORNEYS'  FEES  TO A PLAINTIFF WHO PREVAILS IN A CIVIL
 ACTION BROUGHT UNDER THIS PARAGRAPH.
   6. PROSPECTIVE EMPLOYEES, OR CURRENT OR  FORMER  EMPLOYEES,  MAY  SEEK
 ENFORCEMENT  OF  THE  PROVISIONS  OF THIS SECTION, INCLUDING PURSUANT TO
 SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   7. THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH  CAMPAIGN,
 WHICH  SHALL  INCLUDE  MAKING  INFORMATION AVAILABLE ON ITS WEBSITE, AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.