New York City Council passed legislation prohibiting employers from inquiring about salary history during the hiring process. The measure is aimed at addressing gender-based wage gaps. The new law makes it unlawful and discriminatory to inquire about the salary history of any job applicant, or to rely on salary history when determining an applicant's compensation package.
Employers may not inquire about salary directly with applicants or with their current or former employers. Employers may not search any public records to obtain information on salary history.
The law does not apply to applicants applying internally within an organization or to public employees whose salaries are determined by collective bargaining agreements.
However, if an applicant voluntarily discloses their salary history to prospective employers, the information is allowed to be considered.