The New York City Council recently approved a bill making it unlawful discriminatory practice to directly inquire with a candidate about compensation. The regulation has been passed in hopes of diminishing gender bias, especially when it comes to the gender pay gap. If your firm or client is already aware of the candidate’s compensation history or becomes aware via a public search, this regulation makes it illegal to rely on that information to develop a new compensation package.
Similar laws have already been passed in Massachusetts and Pennsylvania. Massachusetts’ Pay Equity Act will take effect July 1, 2018, while Pennsylvania’s Wage Equity Bill is in effect as of May 23, 2017. However, the Chamber of Commerce of Greater Philadelphia filed a lawsuit in federal court on April 6, 2017, challenging the Philadelphia law and seeking an injunction.