Effective Nov
ember 1, 2022
ember 1, 2022The NYC Human Rights Law requires employers to include a good faith pay range in all job advertisements. NYC’s Salary Transparency Law is another step towards pay equity for all New Yorkers, and is the latest addition to a suite of protections against discrimination for New Yorkers seeking employment.
Any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City is covered by the new law. An “advertisement” is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, including, but not limited to, postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.
Interestingly, many economists and others have been vocal about how this law may actually cause salaries to be compressed. Will new NYC Salary Transparency Law result in pay compression?
OTHER PROTECTIONS UNDER NYC LAW
NYC Human Rights Law includes several other protections for job seekers but this is the latest addition to the collection of laws. Since October 2017 it has been illegal for potential employers to ask potential employees about their past salaries during the hiring and interviewing process. (See NYC Gov. Website: Salary History Questions During Hiring Process are Illegal in NYC).
The City Human Rights Law makes it illegal for most employers in New York City to ask about the criminal record of job applicants before making a job offer. This means job postings, applications, and interview questions cannot include inquiries into an applicant’s criminal record.
Employers are also prohibited from rejecting job applicants, terminating or disciplining employees, or taking other adverse action based on the person’s criminal history unless there is a direct relationship between the alleged or convicted crime and the job or employing the person poses an unreasonable risk to people or property. Employers are required to make that determination based on specific factors set forth in the law and must provide the applicant or employee with a copy of their written analysis, a copy of the criminal background check, and an opportunity to respond. See NYC website for information about the Fair Chance Act.
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