(Albany, NY) – Senator David Carlucci’s law, which bans the salary history question is now in effect in New York State.
Under the new law, employers cannot ask job applicants for their salary history as a requirement for a job interview, job application, job offer, or promotion. The salary history ban is aimed at eliminating the gender pay gap, by removing one of the root causes of discrimination for women and people of color in the workplace.
“Now, New Yorkers can talk about their qualifications and not their past wages in an interview. For too long, the salary history question was used by some employers to justify low pay and low raises for women and women of color. We are now working to close the gender wage gap and ensure equal pay for equal work," said Senator David Carlucci (D-Rockland/Westchester).
Women in the United States are paid 82 cents for every dollar paid to men; black women are typically paid 62 cents, Native American women 58 cents and Latinas just 54 cents, according to 2019 U.S Census Bureau data.
Carlucci's new law will ban the salary history question in both the private and public sectors. Employers will not be allowed to seek salary history information from a job applicant’s current or former employer and in the event, salary history is known, an employer cannot base an offer on past wages.
If an aplicant believes he or she is unfairly asked for their salary history, then a complaint can be filed with the Department of Labor or civil action can be taken in court for compensation for any damages sustained as a result of the violation.