SALARY HISTORY BAN

Local 3599 Members:

Your salary history cannot be used against you during the hiring or interview process.  Your compensation should reflect your skills and qualifications, as well as the demands of the position.  Inquiring about salary history during the hiring process often creates a cycle of inequity and discrimination in the workplace, which perpetuates lower salaries specifically for women and people of color.  This is referenced in our annual NYC EEO training, as well as the following resources.

Effective Oct. 31, 2017, it became illegal for public and private employers of any size in New York City to ask about an applicant’s salary history during the hiring process, including in advertisements for positions, on applications, or in interviews.  Rather than rely on an applicant’s previous salary, employers and job applicants can now engage in salary negotiations focused on the applicant’s qualifications and requirements for the job to set a salary.

In addition, Effective January 6, 2020, New York State Labor Law Section 194-a prohibits an employer from, either orally or in writing, personally or through an agent (directly or indirectly), asking any information concerning an applicant’s salary history information. This includes compensation and benefits. The law also prohibits an employer from relying on an applicant’s salary history information as a factor in determining whether to interview or offer employment at all or in determining what salary to offer.

Although there is a caveat for current employers to consider current compensation for raises and promotions, we do not believe that this applies to new positions which you would apply and interview for.  If you have reason to believe that your salary history is being used against you, for example you are offered an 8% increase for a new position, we encourage you to report this through NYC EEO and the NYC Commission on Human Rights at (212) 416-0197.