Suffolk County, New York has amended its Human Rights Law to prohibit employers from asking about an applicant's pay history. The amendment was effective June 30, 2019.
Prohibited Salary History Inquiries:
Employers with four or more employees, their agents, as well as employment agencies are prohibited from:
- Seeking an applicant's salary history (including compensation and benefits). This includes asking an applicant or their former employer for this information orally or in writing, or conducting a search of publicly available records; and
- Relying on an applicant's salary history when determining their salary at any stage of the employment process.
Note: Effective February 8, 2020, the law will cover all private employers.
Exceptions:
The restrictions don't apply if:
- The employer's actions are in accordance with federal, state, or local laws that require the disclosure or verification of salary for employment purposes; or
- The employer is exercising a right under a collective bargaining agreement.
Compliance Recommendations:
Suffolk County employers should review their pay practices, remove salary history questions from their application forms, and train personnel to avoid pay history inquiries.
Please contact your dedicated service professional with any questions.