•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

S00024 Summary:

Amd 296, Exec L
Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.
Go to top    

S00024 Actions:

Go to top

S00024 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government 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:
     1    Section  1. Legislative intent.  The legislature hereby finds that New
     2  York should lead the nation in preventing wage discrimination.
     3    The wage gap between men and women is  one  of  the  oldest  and  most
     4  persistent effects of inequality between the sexes in the United States.
     5    The  1963  Equal  Pay  Act and the 1964 Civil Rights Act in the United
     6  States established the legal right to equal pay for equal work and equal
     7  opportunity. Yet half a century later, women are still subjected to wage
     8  gaps and paid less then men.
     9    The concept of comparable worth attacks the  problem  of  gender-based
    10  wage  discrimination  by  mandating  that  jobs characterized by similar
    11  levels of education, skill, effort, responsibilities, and working condi-
    12  tions be compensated at similar wage levels regardless of the gender  of
    13  the worker holding the job.
    14    The goal of pay equity is to raise the wages for undervalued jobs held
    15  predominantly  by  women.    Today,  women  make only 77 cents per every
    16  dollar earned by a man for a comparable job, a gender  wage  gap  of  23
    17  percent.
    18    This  translates into thousands of dollars of lost wages each year for
    19  each female worker, money that helps them feed their families, save  for
    20  a college education and afford decent and safe housing.
    21    Pay disparities affect women of all ages, races, and education levels,
    22  but  are  more  pronounced  for  women  of color. Minority women make as
    23  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.

        S. 24                               2
     1    Female-dominated jobs pay twenty to thirty percent less than  male-do-
     2  minated jobs classified as comparable in worth and more than one half of
     3  all women work in jobs that are over seventy percent female.
     4    Women are more likely to enter poverty in old age for several reasons:
     5  A  lifetime  of  lower  wages  means  women have less income to save for
     6  retirement, and less income that counts  in  their  Social  Security  or
     7  pension benefit formula.
     8    The  current  life expectancy for women means they will, on an average
     9  of three years, outlive men. Yet they will have to stretch their retire-
    10  ment savings, which are less to begin with,  over  a  longer  period  of
    11  time.
    12    The  existence  of  pay inequity is a manifestation of deep-seated sex
    13  discrimination that prevents both equality of pay for women and equality
    14  of opportunity for both sexes.
    15    More women in the United States  are  obtaining  college  degrees  and
    16  increasing  their  participation  in the labor force and family-friendly
    17  legislation, including the Equal Pay Act, Family and Medical Leave  Act,
    18  and  Pregnancy  Discrimination  Act,  and policies such as flex time and
    19  telecommuting, have increased options to create a win-win situation  for
    20  women and their employers.
    21    Despite  the  progress,  women  continue to suffer the consequences of
    22  inequitable pay differentials: in  2010,  the  average  college-educated
    23  woman  working full-time earned $47,000 a year compared to $64,000 for a
    24  college-educated man.
    25    During 2012, median weekly earnings for female full-time workers  were
    26  $691,  compared  with  $854  per  week  for men, a gender wage gap of 19
    27  percent.
    28    Fair pay strengthens the security of families and eases future retire-
    29  ment costs while also strengthening the American economy.  In  order  to
    30  achieve fair pay, policymakers must enact laws that prevent gender based
    31  wage discrimination from when women enter the labor force.
    32    In  order  to  do  so,  it is necessary to prevent employers to base a
    33  woman's pay based on her  previous  pay  history.  Because  the  pay  is
    34  already  based  on  gender  discrimination,  allowing  pay history to be
    35  requested by employers is equivalent to maintaining a standard of  lower
    36  pay  for  women performing similar jobs as men.  This practice of asking
    37  for pay history must be outlawed.
    38    § 2. Section 296 of the executive law  is  amended  by  adding  a  new
    39  subdivision 19-a to read as follows:
    40    19-a. It shall be an unlawful discriminatory practice of any employer,
    41  labor  organization, employment agency or licensing agency, or employees
    42  or agents thereof, to seek a salary history from a prospective  employee
    43  for an interview or as a condition for employment.
    44    §  3.  The department of labor, in conjunction with the New York state
    45  division of human rights, shall establish a public  awareness  campaign,
    46  available on their respective websites, informing employers in the state
    47  that  it  is illegal to seek salary information from prospective employ-
    48  ees.
    49    § 4. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law.
Go to top