Laws restrict salary history inquiries and expand the bases for compensation discrimination claims
On July 10, 2019, Governor Cuomo signed two of the three equal pay bills passed by the New York Legislature expanding the state’s existing equal pay laws.
S5248A prohibits unequal pay on the basis of all protected classes, including age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic victim status. With respect to compensation discrimination claims, the law expands the potential comparators to those engaging in substantially similar work which is viewed as a composite of skill, effort and responsibility and performed under similar working conditions.
S.S6549 prohibits employers from using an applicant’s wage or salary history in determining whether to offer the applicant employment or in setting their wages or salary. Employers cannot request orally or in writing salary history during the application or job offer stage and are prohibited from retaliating against applicants or employees for refusing to provide salary history or for filing a complaint.