STATE OF NEW YORK
        ________________________________________________________________________
                                          5669
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2017
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Labor
        AN ACT to amend the labor law, in relation to prohibiting discrimination
          based upon wage and benefit history
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 194 of the labor law is amended  by  adding  a  new
     2  subdivision 5 to read as follows:
     3    5. No employer shall:
     4    (a)  require,  as  a condition of employment, that an employee refrain
     5  from inquiring about, discussing or disclosing information about  either
     6  the  employee's  own wages, including benefits or other compensation, or
     7  about any other employee's wages;
     8    (b) screen job applicants based on their wage, including  benefits  or
     9  other  compensation  or salary histories, including by requiring that an
    10  applicant's prior wages, including benefits  or  other  compensation  or
    11  salary  history  satisfy  minimum  or  maximum  criteria;  or request or
    12  require as a condition of  being  interviewed,  or  as  a  condition  of
    13  continuing  to  be considered for an offer of employment, that an appli-
    14  cant disclose prior wages or salary history;
    15    (c) seek the salary history  of  any  prospective  employee  from  any
    16  current  or  former  employer;  provided,  however,  that  a prospective
    17  employee may provide written authorization to a prospective employer  to
    18  confirm  prior wages, including benefits or other compensation or salary
    19  history only after any offer of employment with  compensation  has  been
    20  made to the prospective employee;
    21    (d)  discharge  or  in any other manner retaliate against any employee
    22  because the employee:
    23    (i) opposed any act or practice made unlawful by this section;
    24    (ii) made or is about to make a complaint or has caused or is about to
    25  cause to be instituted any proceeding under this section;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09810-01-7
        A. 5669                             2
     1    (iii) testified or is about to testify, assist or participate  in  any
     2  manner in an investigation or proceeding under this section; or
     3    (iv) disclosed the employee's wages, benefits or other compensation or
     4  has inquired about or discussed the wages of any other employee; or
     5    (e)  contract  with  an employee to avoid complying with this subdivi-
     6  sion, or by  any  other  means  exempt  itself  from  this  subdivision;
     7  provided,  however,  that  an  employer  may  prohibit a human resources
     8  employee, or any  other  employee  whose  job  responsibilities  require
     9  access  to  other  employees'  compensation information, from disclosing
    10  such information without prior written consent from the  employee  whose
    11  information  is sought or requested, unless the compensation information
    12  is public.
    13    § 2. This act shall take effect immediately.