New York City Human Rights Law

As a reminder, the NYC law prohibiting employers and their agents from inquiring about or relying on an applicant’s salary history goes into effect today.

This means that as of today, employers cannot:

  • Ask for current salary or salary history on an employment application;
  • Ask about an applicant’s current or past salary (including wages, benefits, and other compensation);
  • Ask an applicant’s current or former employer or a staffing or recruiting agency for information related to an applicant’s current or past salary;
  • Search public records or the internet to find or verify an applicant’s current or past salary;
  • Rely on information about an applicant’s current or prior salary to set compensation.

We previously wrote about the new law here and here. If you have any questions, do not hesitate to reach out to your employment counsel for further guidance.

Beginning on October 31st, New York City employers will be prohibited from inquiring about or relying on salary history during the hiring process. As a reminder, this ban makes it an unlawful discriminatory practice for an employer, employment agency, or employee or agent of the employer to: (1) inquire about the salary history of an applicant; or (2) rely on salary history of an applicant to determine salary, benefits, or other compensation for such applicant during the hiring process. Employers should revise their hiring processes in order to comply with the new law as soon as possible.

Recently, the New York City Commission on Human Rights released guidance regarding the ban on salary history inquiries in the form of two “Fact Sheets.”  Both Fact Sheets answer the same questions, one from the perspective of employers, the other from the perspective of job applicants. The Fact Sheet for Employers provides the following questions and answers:

Continue Reading Reminder: New York City Ban on Salary History Inquiries Takes Effect October 31st

As we recently blogged about here, efforts to ban inquiries related to applicants’ salary history have gained momentum across the country. Last Friday, New York City Mayor Bill de Blasio joined this trend by signing into law a bill prohibiting New York City employers from inquiring about prospective employees’ salary history. When it takes effect on October 31, 2017, the law will prohibit employers from communicating “any question or statement to an applicant, an applicant’s current or prior employer, or a current or former employee or agent of the applicant’s current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant’s salary history, or to conduct a search of publicly available records or reports for the purpose of obtaining an applicant’s salary history.” “Salary history” includes the applicant’s current or prior wage, benefits or other compensation.

Continue Reading Update on New York City Legislation Limiting Salary History Inquiries

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.

Continue Reading Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017.  Today we kick off this segment with New York.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds.  While New York employers who successfully navigated 2016’s rush of legislative, regulatory and judicial obstacles might feel they’ve earned the right to shift their focus back from compliance issues to running their businesses, they should not lose sight of the additional challenges expected in 2017.

Continue Reading 2016 New York Employment Law Year In Review

The New York City Human Rights Law now prohibits discrimination based on an individual’s actual or perceived status as a caregiver.  Below, we briefly summarize the law and gauge its potential impact on the workplace.

Continue Reading NYC Ban on Caregiver Status Discrimination is Now in Effect; Employers Must Think Carefully About its Impact

Sometimes a judge says what many of us are already thinking.  In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge.

Continue Reading New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard

New York City is finishing off a strong year on the employment law front.  Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks.  It also passed a law requiring employers to offer their employees pre-tax transit benefits and instituted a paired testing discrimination investigation program.  The Department of Consumer Affairs continued to provide guidance on the paid sick leave law, while the Commission on Human Rights welcomed a new commissioner and implemented new initiatives designed to enhance the Commission’s enforcement efforts.  It also released enforcement guidance on the ban the box and credit check laws.  Now as the year comes to a close, we cover the latest flurry of additional activity in this three-part series.  In our first installment, we looked at the Commission’s enforcement guidance on gender identity and expression.  In our second installment, we look at a new law banning caregiver status discrimination. 

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The New York City Council has voted unanimously to amend the New York City Human Rights Law to prohibit discrimination based on an individual’s actual or perceived status as a caregiver.  Below, we briefly summarize the law and gauge its potential impact on the workplace.

Continue Reading New York City Bans Caregiver Status Discrimination; Employers Must Think Carefully About its Impact (NYC Finale Part 2)

New York City is finishing off a strong year on the employment law front.  Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks.  It also passed a law requiring employers to offer their employees pre-tax transit benefits and instituted a paired testing discrimination investigation program.  The Department of Consumer Affairs continued to provide guidance on the paid sick leave law, while the Commission on Human Rights welcomed a new commissioner and implemented new initiatives designed to enhance the Commission’s enforcement efforts. It also released enforcement guidance on the ban the box and credit check laws.  Now, as the year comes to a close, we cover the latest flurry of legislative and administrative activity in this three-part series.  First up: Enforcement Guidance on Gender Identity/Expression Discrimination. 

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NYC part 1The City Commission on Human Rights has issued broad-based guidelines that attempt to clearly define the contours of gender identity and gender expression discrimination in the workplace – an issue with which many employers continue to struggle.  The guidance provides “bold and explicit” examples of actions that the Commission considers discriminatory and offers best practices for complying with the Human Rights Law.

New York City employers should pay careful attention to these new guidelines as they will impact long-standing workplace policies, practices and behaviors, including dress codes, uniforms, and grooming standards.  We summarize the guidance below.

Continue Reading New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC Finale Part 1)

shutterstock_221257096Last week, the Stop Credit Discrimination in Employment Act became effective.  It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s consumer credit history.  You can read the specifics here.  The NYC Commission on Human Rights has now released enforcement guidance detailing its interpretation of this new law.  Our immediate takeaway: employers should attempt to utilize the law’s exemptions sparingly, and when they do, they should document it sufficiently.  We breakdown the guidance below.

Continue Reading The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act