New York Enacts Historic Pay Equity Law

Going beyond the traditional “equal pay for equal work” mandates in most pay equity laws, New York State has now broadened the definition to embrace “substantially similar work.”

At the same time, it has broadened the categories of who’s affected beyond gender to include age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status or domestic violence victim status.

More specifically, the new law empowers employees to seek restitution if they do no receive equal pay for “substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.”

The law takes effect Oct. 8, 2019.

Another new law prohibits employers from inquiring about a job applicant’s salary history in determining whether to hire that person or in determining a salary if hired. The law also extends to internal employees seeking different positions or being promoted or transferred.

This law takes effect Jan. 6, 2020.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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