NY: Westchester Adopts Salary History Ban

Effective July 9, 2018, employers in Westchester County will be banned from asking candidates about their salary history on job applications and during interviews.

Jackson Lewis outlines the key provisions as follows:

Under the Westchester County salary ban legislation, an employer, employment agency, or labor organization, and any agent thereof cannot:

  1. Unless voluntarily disclosed by the prospective employee to support a higher wage than offered by the employer, rely upon wage history received from any current or former employer of the individual to determine the wages for such individual;
  2. Require, orally or in writing, as a condition of being interviewed, as a condition of being considered for an offer of employment, or as a condition of employment, that a prospective employee disclose information about the employee’s own wages from any current or former employer. If the prospective employee had disclosed wage information to support a wage higher than offered by the employer, the employer may confirm prior wage information post-offer, so long as the employer has the prospective employee’s prior written authorization to do so; and
  3. Retaliate against someone for exercising his or her rights under this law, including opposing any act or practice. In addition, an employer may not refuse to hire or otherwise retaliate against an employee or prospective employee based upon prior wage or salary history.

Candidates who allege that an employer has violated the law will be able to file a complaint with the Westchester County Commission on Human Rights.

Employers are advised to review current interview and hiring practices to ensure compliance with the new requirements.

For more on this legislation, please click here.

salary history ban

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