Assembly Bill A2040C

2017-2018 Legislative Session

Prohibits employers from seeking salary history from prospective employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2017-A2040 - Details

See Senate Version of this Bill:
S6737
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6680
2015-2016: A5982
2019-2020: A5308, S3692

2017-A2040 - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2017-A2040 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2040
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
   JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
   SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
   referred to the Committee on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to prohibiting employers
   from seeking salary history from prospective employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent.  The legislature hereby finds that New
 York should lead the nation in preventing wage discrimination.
   The wage gap between men and women is  one  of  the  oldest  and  most
 persistent effects of inequality between the sexes in the United States.
   The  1963  Equal  Pay  Act and the 1964 Civil Rights Act in the United
 States established the legal right to equal pay for equal work and equal
 opportunity. Yet half a century later, women are still subjected to wage
 gaps and paid less then men.
   The concept of comparable worth attacks the  problem  of  gender-based
 wage  discrimination  by  mandating  that  jobs characterized by similar
 levels of education, skill, effort, responsibilities, and working condi-
 tions be compensated at similar wage levels regardless of the gender  of
 the worker holding the job.
   The goal of pay equity is to raise the wages for undervalued jobs held
 predominantly  by  women.    Today,  women  make only 77 cents per every
 dollar earned by a man for a comparable job, a gender  wage  gap  of  23
 percent.
   This  translates into thousands of dollars of lost wages each year for
 each female worker, money that helps them feed their families, save  for
 a college education and afford decent and safe housing.
   Pay disparities affect women of all ages, races, and education levels,
 but  are  more  pronounced  for  women  of color. Minority women make as
 little as 54 cents per dollar for a comparable job held by a man.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-A2040A - Details

See Senate Version of this Bill:
S6737
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6680
2015-2016: A5982
2019-2020: A5308, S3692

2017-A2040A - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2017-A2040A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2040--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
   JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
   SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
   referred  to  the  Committee  on  Governmental Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to prohibiting  employers
   from seeking salary history from prospective employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  The legislature hereby finds that  New
 York should lead the nation in preventing wage discrimination.
   The  wage  gap  between  men  and  women is one of the oldest and most
 persistent effects of inequality between the sexes in the United States.
   The 1963 Equal Pay Act and the 1964 Civil Rights  Act  in  the  United
 States established the legal right to equal pay for equal work and equal
 opportunity. Yet half a century later, women are still subjected to wage
 gaps and paid less then men.
   The  concept  of  comparable worth attacks the problem of gender-based
 wage discrimination by mandating  that  jobs  characterized  by  similar
 levels of education, skill, effort, responsibilities, and working condi-
 tions  be compensated at similar wage levels regardless of the gender of
 the worker holding the job.
   The goal of pay equity is to raise the wages for undervalued jobs held
 predominantly by women.   Today, women make  only  77  cents  per  every
 dollar  earned  by  a  man for a comparable job, a gender wage gap of 23
 percent.
   This translates into thousands of dollars of lost wages each year  for
 each  female worker, money that helps them feed their families, save for
 a college education and afford decent and safe housing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05679-02-7
              

co-Sponsors

2017-A2040B - Details

See Senate Version of this Bill:
S6737
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6680
2015-2016: A5982
2019-2020: A5308, S3692

2017-A2040B - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2017-A2040B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2040--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
   JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
   ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
   STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
   BRONSON -- read once and referred to  the  Committee  on  Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting wage or salary
   history inquiries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  194-a  to
 read as follows:
   §  194-A.  WAGE OR SALARY HISTORY INQUIRIES PROHIBITED. 1. NO EMPLOYER
 SHALL:
   A. RELY ON THE WAGE OR SALARY HISTORY OF  A  PROSPECTIVE  EMPLOYEE  OR
 CURRENT  OR  FORMER EMPLOYEE IN DETERMINING THE WAGES OR SALARY FOR SUCH
 INDIVIDUAL.
   B. ORALLY OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE  OR  SALARY
 HISTORY  FROM  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE AS A
 CONDITION TO BE INTERVIEWED, OR AS  A  CONDITION  OF  CONTINUING  TO  BE
 CONSIDERED  FOR  AN OFFER OF EMPLOYMENT, OR AS A CONDITION OF EMPLOYMENT
 OR PROMOTION.
   C. ORALLY OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE  OR  SALARY
 HISTORY  OF  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE FROM A
 CURRENT OR FORMER EMPLOYER EXCEPT AS PROVIDED IN SUBDIVISION 3  OF  THIS
 SECTION.
   D.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE OR CURRENT OR  FORMER  EMPLOYEE
 BASED UPON PRIOR WAGE OR SALARY HISTORY.
   E.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE BECAUSE THE PROSPECTIVE EMPLOY-
              

co-Sponsors

multi-Sponsors

2017-A2040C (ACTIVE) - Details

See Senate Version of this Bill:
S6737
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6680
2015-2016: A5982
2019-2020: A5308, S3692

2017-A2040C (ACTIVE) - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2017-A2040C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2040--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
   JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
   ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
   STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
   BRONSON -- read once and referred to  the  Committee  on  Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted  to  said  committee  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting wage or salary
   history inquiries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  194-a  to
 read as follows:
   §  194-A.  WAGE OR SALARY HISTORY INQUIRIES PROHIBITED. 1. NO EMPLOYER
 SHALL:
   A. RELY ON THE WAGE OR SALARY HISTORY OF  A  PROSPECTIVE  EMPLOYEE  IN
 DETERMINING THE WAGES OR SALARY FOR SUCH INDIVIDUAL.
   B.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
 HISTORY FROM A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  AS  A
 CONDITION  TO  BE  INTERVIEWED,  OR  AS  A CONDITION OF CONTINUING TO BE
 CONSIDERED FOR AN OFFER OF EMPLOYMENT, OR AS A CONDITION  OF  EMPLOYMENT
 OR PROMOTION.
   C.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
 HISTORY OF A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  FROM  A
 CURRENT  OR  FORMER EMPLOYER EXCEPT AS PROVIDED IN SUBDIVISION 3 OF THIS
 SECTION.
   D. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
 RETALIATE  AGAINST  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE
 BASED UPON PRIOR WAGE OR SALARY HISTORY.
 
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.