Effective Oct. 31, 2017, a new New York City law went into effect that declared inquiries into a prospective employee’s salary history to be a discriminatory practice. Earlier this year, New Jersey took an important first step toward providing similar protections to Garden State employees. The state’s new governor signed an executive order that bans the practice of salary history inquiries with regard to all hiring of public employees. The new order, which the new governor signed mere hours after his inauguration and which went into effect on Feb. 1, is intended to reduce the gender wage gap, nj.com reported. Whether it is illegal questions within a job interview or any other prohibited practice, if you think that you have been a victim of discrimination in the workplace, it is important to contact a knowledgeable New Jersey sex discrimination attorney right away.
The New York City law bans employers from asking about a prospective employee’s current and past earnings, and it goes further. The law says that, if the employer already has knowledge of the prospective employee’s current or past salary, it is forbidden from using that information in determining the compensation it will provide to that employee. The law also prohibits a prospective employer from asking a candidate’s current or previous employers salary history questions and bans searching publicly available records for that information.
The New Jersey executive order protecting public employees similarly bars employers from asking potential employees about their current or past salaries and also prohibits taking steps to investigate how much the potential employee makes or made in the past.