Stop the Unfair Pay Gap Cycle
Race and gender pay gaps persist across the United States. Women make an average of 80 cents to a man’s dollar—a 20% wage gap. And the pay gap between the highest- and lowest-earning workers by gender and race is closer to 50% in many states. To ensure equal pay for equal work, one step is to limit employers’ ability to ask about previous salary. The Salary History Fairness Act ends the cycle of pay discrimination by preventing employers from asking prospective employees about their salary history.
Advocates for women and people of color
Fair pay advocates
Business federations seeking to use prior salary history to set compensation
This act shall be known as the Salary History Fairness Act
This act amends the Labor Law to establish pay equity by limiting inquiries about salary history.
(a) Definitions. (1) “Applicant” means a prospective employee applying for employment. (2) “Compensation” includes monetary wages as well as benefits and other forms of compensation.
(b) It shall be an unlawful employment practice for an employer or an employer’s agent to:
–(1) Rely on the compensation history of an applicant for employment in screening or considering the applicant for employment or determining the compensation for the applicant.
–(2) Seek the compensation history of an applicant.
(c) On request, an employer shall provide to an applicant for employment the compensation range for the position for which the applicant applied.
(d) After an employer makes an initial offer of employment with an offer of compensation to an applicant, an employer may: (1) rely on the compensation history voluntarily provided by the applicant for employment without prompting from the employer to support a compensation offer higher than the initial wage offered by the employer; or (2) seek to confirm the compensation history voluntarily provided by the applicant to support a compensation offer higher than the initial compensation offered by the employer.
(e) An employer may not retaliate against or refuse to interview, hire, or employ an applicant for employment because the applicant did not provide compensation history, or requested the compensation range in accordance with this section for the position for which the applicant applied.
–(1)[DEPARTMENT and the ATTORNEY GENERAL] has the power to enforce this section. Any employer who violates or fails to comply with any requirement of this section shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. DEPARTMENT shall promulgate rules to carry out this section. A civil penalty claim may be filed in any court of competent jurisdiction.
–(2) Any applicant who has experienced a violation of this section may bring a civil action for compensatory relief, including interest thereon, as well as appropriate equitable relief. A civil action brought under this provision may be commenced no later than two years after the cause of action accrues.