Suffolk County: Another New York Locale Where Salary History Inquiries Are Out the Door

Suffolk County: Another New York Locale Where Salary History Inquiries Are Out the Door

Suffolk County: Another New York Locale Where Salary History Inquiries Are Out the Door

Joining New York City, Westchester, and Albany, the Suffolk County Legislature, on November 20, 2018, adopted its own variation of a salary history ban.

Taking effect on June 30, 2019, the Restricting Information on Salaries and Earnings Act (the “RISE Act”) amends Chapter 528 of the Suffolk County Human Rights Law and provides that it is an unlawful discriminatory practice for employers (with four or more employees) or employment agencies (or the employees or agents of either) to:

  1. inquire whether in any form of application or otherwise, about a job applicant’s wage or salary history, including but not limited to, compensation and benefits. For purposes of this subdivision, “to inquire” mean to ask an applicant or former employer orally, or in writing or otherwise or to conduct a search of publicly available records or reports.
  2. rely on the salary history of an applicant for employment in determining the wage or salary amount for such applicant at any stage in the employment process including the offer or contract.

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