The hiring process is risky business. Most employers know, to avoid discrimination claims, they should not ask questions on employment applications or in interviews relating to a candidate’s age, race, national origin, citizenship, religion, gender identity, or marital or family status. Employers also should now think twice before asking job applicants about their salary history, as a growing number of state and local governments are passing legislation designed to prohibit inquiries into wage history, in an effort to fight wage discrimination and the gender pay gap. In addition, numerous states, counties and cities now require private employers to “ban the box” on employment applications asking about applicants’ criminal conviction histories, so that employers consider a job candidate’s qualifications first without the stigma of a criminal record. Furthermore, a number of states and cities have passed laws regulating use of credit information and credit reports for employment purposes, a practice that may disproportionately impact minorities, women and unemployed individuals. This month’s column examines New York City’s restrictions on questioning applicants about their salary history, criminal backgrounds and credit information.

Salary History

As of Oct. 31, 2017, New York City employers of any size are prohibited from inquiring, directly or through others such as recruiters, about a job applicant’s salary history (including on applications or in interviews) or relying on salary history to determine compensation. Any such inquiry now constitutes an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL), even if made after the applicant has been given a conditional offer of employment.

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