§ 194-a. Wage or salary history inquiries prohibited. 1. No employer
shall:

a. rely on the wage or salary history of an applicant in determining
whether to offer employment to such individual or in determining the
wages or salary for such individual.

b. orally or in writing seek, request, or require the wage or salary
history from an applicant or current 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 an applicant or current employee from a current or former
employer, current or former employee, or agent of the applicant or
current employee's current or former employer, except as provided in
subdivision three of this section.

d. refuse to interview, hire, promote, otherwise employ, or otherwise
retaliate against an applicant or current employee based upon prior wage
or salary history.

e. refuse to interview, hire, promote, otherwise employ, or otherwise
retaliate against an applicant or current employee because such
applicant or current 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 an applicant or current or former employee because the
applicant or current or former employee filed a complaint with the
department alleging a violation of this section.

2. Nothing in this section shall prevent an applicant or current
employee from voluntarily, and without prompting, disclosing or
verifying wage or salary history, including but not limited to for the
purposes of negotiating wages or salary.

3. An employer may confirm wage or salary history only if at the time
an offer of employment with compensation is made, the applicant or
current employee responds to the offer by providing prior wage or salary
information to support a wage or salary 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,
association, labor organization, or entity employing any individual in
any occupation, industry, trade, business or service, or any agent
thereof. For the purposes of this section, the term "employer" shall
also 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
applicants with employers.

5. An applicant 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
applicant, employee, or other persons similarly situated 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. Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any applicant or current or former employee
under any other law or regulation or under any collective bargaining
agreement or employment contract.

7. This section shall not supersede any federal, state or local law
enacted prior to the effective date of this section that requires the
disclosure or verification of salary history information to determine an
employee's compensation.

8. 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.