Not knowing how much a position pays and how much you deserve can be extremely frustrating and harmful to many employees. When salaries aren’t disclosed, employees, often women and people of color, may accept a job where they receive less than other employees who do equal work and do not know it, widening the pay gap. If an employee doesn’t know the salary range for a particular position, they won’t be able to advocate for themselves to get the compensation they deserve. A few states have taken steps to prevent this by implementing salary transparency acts, and New York City is soon to join them.
The New York City Council recently passed a bill that requires employers to provide a salary range for job listings starting May 15, 2022. The bill is an amendment to the New York City Human Rights Law (NYCHRL).
What Does New York City’s Salary Transparency Law Cover?
New York City’s salary transparency law will require that employers provide a salary range that includes that minimum and maximum they, in good faith, believe that they would offer for the position. However, this doesn’t only include job listings for new hires, the law will also require employers to provide pay information for promotions and transfers. This law will apply to employers in the public and private sectors with more than four employees, with the exception of temporary staffing firms.
Under the law, neglecting to provide a salary range will be considered an unlawful discriminatory practice under NYCHRL, and employers who do this can face fines of up to $125,000.
What Other Laws Protect Employees from Pay Discrimination?
Various laws protect New York City employees from pay discrimination, although it still occurs to many. Here are some of the laws that make employment discrimination illegal.
- New York City Human Rights Law – The NYCHRL prohibits discrimination in providing salary and benefits based on an employee’s protected class.
- Equal Pay Act of 1963 – The EPA is a federal law that requires employers to give employees equal pay for equal work and prevents pay discrimination based on sex.
- New York Equal Pay Act – This New York State law requires that employers give employees equal pay for substantially similar work. It applies to all protected classes under the New York Human Rights Law.
- Title VII of the Civil Rights Act of 1964 – This federal law protects employees from discrimination based on their race, color, religion, sex, and national origin in all aspects of employment.
- Age Discrimination in Employment Act of 1967 – The ADEA is a federal law that protects employees over the age of 40 from employment discrimination based on age.
- Americans with Disabilities Act of 1990 – The ADA protects employees from employment discrimination based on their disabilities.
- Genetic Information Nondiscrimination Act of 2008 – GINA is a federal law that protects employees from employment discrimination based on their genetic information.
NYC Employment Discrimination Lawyers Who Can Protect Your Rights
Discrimination based on an employee’s membership in a protected class is illegal, and if you’re experiencing pay discrimination, you need legal help. You deserve to be paid fairly, and Brown Kwon & Lam can help. If you believe you’re being discriminated against at work, contact our New York employment discrimination lawyers today.