S T A T E O F N E W Y O R K
________________________________________________________________________
5669
2017-2018 Regular Sessions
I N A S S E M B L Y
February 14, 2017
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to prohibiting discrimination
based upon wage and benefit history
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 194 of the labor law is amended by adding a new
subdivision 5 to read as follows:
5. NO EMPLOYER SHALL:
(A) REQUIRE, AS A CONDITION OF EMPLOYMENT, THAT AN EMPLOYEE REFRAIN
FROM INQUIRING ABOUT, DISCUSSING OR DISCLOSING INFORMATION ABOUT EITHER
THE EMPLOYEE'S OWN WAGES, INCLUDING BENEFITS OR OTHER COMPENSATION, OR
ABOUT ANY OTHER EMPLOYEE'S WAGES;
(B) SCREEN JOB APPLICANTS BASED ON THEIR WAGE, INCLUDING BENEFITS OR
OTHER COMPENSATION OR SALARY HISTORIES, INCLUDING BY REQUIRING THAT AN
APPLICANT'S PRIOR WAGES, INCLUDING BENEFITS OR OTHER COMPENSATION OR
SALARY HISTORY SATISFY MINIMUM OR MAXIMUM CRITERIA; OR REQUEST OR
REQUIRE AS A CONDITION OF BEING INTERVIEWED, OR AS A CONDITION OF
CONTINUING TO BE CONSIDERED FOR AN OFFER OF EMPLOYMENT, THAT AN APPLI-
CANT DISCLOSE PRIOR WAGES OR SALARY HISTORY;
(C) SEEK THE SALARY HISTORY OF ANY PROSPECTIVE EMPLOYEE FROM ANY
CURRENT OR FORMER EMPLOYER; PROVIDED, HOWEVER, THAT A PROSPECTIVE
EMPLOYEE MAY PROVIDE WRITTEN AUTHORIZATION TO A PROSPECTIVE EMPLOYER TO
CONFIRM PRIOR WAGES, INCLUDING BENEFITS OR OTHER COMPENSATION OR SALARY
HISTORY ONLY AFTER ANY OFFER OF EMPLOYMENT WITH COMPENSATION HAS BEEN
MADE TO THE PROSPECTIVE EMPLOYEE;
(D) DISCHARGE OR IN ANY OTHER MANNER RETALIATE AGAINST ANY EMPLOYEE
BECAUSE THE EMPLOYEE:
(I) OPPOSED ANY ACT OR PRACTICE MADE UNLAWFUL BY THIS SECTION;
(II) MADE OR IS ABOUT TO MAKE A COMPLAINT OR HAS CAUSED OR IS ABOUT TO
CAUSE TO BE INSTITUTED ANY PROCEEDING UNDER THIS SECTION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09810-01-7
A. 5669 2
(III) TESTIFIED OR IS ABOUT TO TESTIFY, ASSIST OR PARTICIPATE IN ANY
MANNER IN AN INVESTIGATION OR PROCEEDING UNDER THIS SECTION; OR
(IV) DISCLOSED THE EMPLOYEE'S WAGES, BENEFITS OR OTHER COMPENSATION OR
HAS INQUIRED ABOUT OR DISCUSSED THE WAGES OF ANY OTHER EMPLOYEE; OR
(E) CONTRACT WITH AN EMPLOYEE TO AVOID COMPLYING WITH THIS SUBDIVI-
SION, OR BY ANY OTHER MEANS EXEMPT ITSELF FROM THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT AN EMPLOYER MAY PROHIBIT A HUMAN RESOURCES
EMPLOYEE, OR ANY OTHER EMPLOYEE WHOSE JOB RESPONSIBILITIES REQUIRE
ACCESS TO OTHER EMPLOYEES' COMPENSATION INFORMATION, FROM DISCLOSING
SUCH INFORMATION WITHOUT PRIOR WRITTEN CONSENT FROM THE EMPLOYEE WHOSE
INFORMATION IS SOUGHT OR REQUESTED, UNLESS THE COMPENSATION INFORMATION
IS PUBLIC.
§ 2. This act shall take effect immediately.