Effective Oct. 31, 2017 the New York City Administrative Code has been amended to provide that
“it is an unlawful discriminatory practice for an employer, employment agency, or
employee or agent thereof:
1. To inquire about the salary history of an applicant for employment; or
2. To rely on the salary history of an applicant in determining the salary,
benefits or other compensation for such applicant during the hiring process, including the negotiation of a contract.”
N.Y.C. Admin. Code §8-107, Subdiv. 25(b).
The new rule defines “salary history” as including “the applicant’s current or prior wage[s], benefits or other compensation.” Id. at Subdiv. 25(a). It excludes from salary history “any objective measure of the applicant’s productivity such as revenue, sales, or other production reports.” Id. In Part III of its “Frequently Asked Questions” (FAQs), the New York City Commission on Human Rights states that “‘[b]enefits’ and ‘other compensation’ should be interpreted broadly and may include many factors, including, but not limited to, a car allowance, retirement plan, or bonuses.”