Albany

Should employers be able to ask how much applicants earned at prior jobs?

A bill that would ban such questions is being examined by committees in both state legislative chambers, and could come up for a vote in both houses this week — the scheduled end to the session for this year.

Sponsored by Rockland County Independent Democratic Conference Sen. David Carlucci and Bronx Democratic Assemblyman Marcos Crespo, the bill comes after a similar executive order for members of the state workforce was signed by Gov. Andrew Cuomo earlier in the year.

Supporters say the bill would level the playing field for various groups — especially for women, who typically earn less than men and who may have taken time out of the workforce to raise children.

With women earning an estimated 87 cents for every dollar paid to men, that lower level can follow them as they move up the career ladder.

"When you go into a job interview, that should not hold you back,'' said Beverly Cooper Neufeld, president of PowHer NY, a not-for-profit.

Neufeld said the ban would help men as well, especially considering the number of people who took pay cuts during the post-2008 recession. She called it "a common-sense equal pay tool."

Additionally, research has shown that salary histories posted to online applications can be used to quickly narrow or exclude large groups of job seekers. That's an important consideration given the number of digital job applications that are out there.

"The employer assumes that someone whose salary is 'too high' would not be interested in a lower-paying job, and that someone whose salary is 'too low' does not have sufficient skill, knowledge or experience for the position," according to a report from the National Women's Law Center.

New York City Mayor Bill de Blasio in May signed a similar law for employers in the city. He has also banned such questions for city job seekers.

While the city's law is handled by its Human Rights Commission, the state law would be covered by the Department of Labor.

Massachusetts and Oregon already have similar protections, and Democrats in Congress have offered federal versions.

Not everyone is convinced the ban is a good idea. The state Business Council, in a memo of opposition, contends that passing such a law is unnecessary and would force employers to change their application forms.

The Business Council also notes that the bill proposes fines for employers who don't remove salary history questions from applications, and allows prospective employees, or employees who would be asked about their salary histories, to sue.

And Kathryn Wylde, president and CEO of the Partnership for New York City, said passage could lead to complications with both job candidates and employers.

Cuomo's executive orders regarding state employees are a bit unique in that most government salaries in New York are already publicly listed on databases such as SeeThroughNY.net or available through the state Comptroller's office. That's not the case in the private sector.

rkarlin@timesunion.com • 518-454-5758 • @RickKarlinTU