NYC council: Don’t ask about past salaries
It’s the interview question no applicant likes: How much did you make in your last job?
The New York City Council isn’t fond of it, either. In a vote last week, it approved legislation that will ban employers from asking job applicants about what they make in their current or past jobs and could have far-reaching consequences beyond the city as employers try to standardize their practices. It’s an idea that’s starting to spread: In passing the measure, New York City joins Massachusetts, Puerto Rico and the city of Philadelphia in banning the question from job interviews. More than 20 other city and state legislatures have introduced similar provisions.
The measure, aimed at tackling pay inequity, prohibits employers from asking the candidate’s current or former employers about salary, as well as querying public records for it, although applicants can volunteer the information if they choose.
The thinking is that when employers ask about an applicant’s salary history, they can end up perpetuating any discrimination that women or people of color may have faced in the past. When employers ask about current or previous salary, they can hear a number that “anchors” them, and then offer to pay some percentage more on a figure that could already be too low.
Although the measure is for New York-based employees, employees well beyond New York could feel the effects, say equal pay advocates and employment lawyers. Fatima Goss Graves, president-elect of the National Women’s Law Center, said in an email that the measure “stands to transform the way that companies operate around the country,” she said. “So many companies operate in multiple jurisdictions. If a company changes its practices in New York, it is likely to also make changes around the country.”
Some business groups have opposed the measure. Kathryn Wylde, president and CEO of the Partnership for New York City, said in a statement that “closing the gender pay gap is important” and most major employers are already taking steps to correct the problem.
“Inserting the city government into the relationship between employer and potential employee is potentially disadvantageous to both,” she said.