Blog Archive

New York City Passes Ban On Salary History InquiriesJune 2017

Mayor Bill de Blasio has signed an amendment to the New York City Human Rights Law (“NYCHRL”) which makes it unlawful for employers to ask job applicants about their salary history or to rely on salary history during the hiring process. Not only does the law prohibit asking an applicant or the applicant’s current/former employer about the applicant’s salary, it also prohibits the search or review of public records to obtain such information. Employers may still tell applicants about the salary range for the position for which they applied, and nothing prohibits the employer from considering the applicant’s salary history if the applicant first volunteers such information. New York City employers should insure that their hiring processes, practices and forms are modified to comply with this new law. The law goes into effect on October 31, 2017. 

PermalinkE-mail SharingGoogleTwitter

New York State and City – New Regulations on Unlawful Harassment and DiscriminationJanuary 2016

On January 20, 2016, new regulations under the New York State Human Rights Law relating to unlawful discrimination and harassment on the basis of gender identity, transgender status, and gender dysphoria became effective. The new regulations make clear that discrimination or harassment based upon these protected classes is unlawful, in addition to requiring employers to make reasonable accommodations for persons who fall into the gender dysphoria class. To read the regulations or the Division on Human Rights’ comments, click here.

So too the New York City Human Rights Commission recently issued guidance to employers on the broad scope of the meaning of “gender” under the New York City Human Rights Law. To read the new guidance click here.

PermalinkE-mail SharingGoogleTwitter

NYC Ban the Box Law PassedJune 2015

In the fall of 2015, New York City employers will need to comply with New York City’s new Fair Chance Act, commonly known as “ban the box.” This law amends the New York City Human Rights Law, which is one of the more employee-friendly anti-discrimination laws in the country.  The amendment bars most employers in the five boroughs of New York City from stating in a job advertisement that a conviction or arrest will disqualify an applicant from employment.  The amendment also prohibits an employer from inquiring about an arrest or conviction prior to making a conditional job offer.  Once the employer learns of an arrest or conviction, it cannot revoke the conditional job offer without first providing the applicant with a written copy of the record on a form to be drafted by the NYC Commission on Human Rights, perform an analysis of whether the arrest or conviction is directly related to the job or poses an unreasonable risk to public safety or welfare, and, finally, provide the applicant with a reasonable time to respond (no less than three days) during which the position must be held open.

PermalinkE-mail SharingGoogleTwitter

View Recent Blog