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July 09, 2020

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New Orleans Mayor Issues Executive Order Restricting City Departments From Inquiring Into Applicant’s Salary History

New Orleans Mayor, Mitch Landrieu, has issued an executive order that bans questions about salary history during the application processes for City positions. The executive order is effective January 25, 2017 and is similar to measures in Philadelphia and Massachusetts.

The executive order applies to all City departments and prohibits inquiries about a candidate’s salary history during the application and interview process. The order states that the Chief Administrative Office will issue a policy memorandum outlining the interview process City departments must follow when seeking candidates for employment including, but not limited to, prohibiting questions about a candidate’s salary history throughout the application and interview phases.

The order also requires the Civil Service Commission to conduct a study of pay disparity among city employees that will include analysis of actual wages paid, with a breakdown of gender, classification, base pay, longevity, merit, special assignment, overtime, and any other pay above the base rate for the position and an estimate of the cost to close the wage gap.

While the executive order is limited to City employees it may signal a willingness to move in that direction for private employers in the future. Private employers would do well to continue to monitor developments and consider reviewing their hiring processes in advance of any future changes to local and state laws.

© 2020 Proskauer Rose LLP. National Law Review, Volume VII, Number 30


About this Author

Nicole A. Eichberger, Labor and Employment Attorney, Proskauer Law Firm
Senior Counsel

Nicole A. Eichberger is a Senior Counsel in the Labor and Employment Department, and a member of the Class/Collective Action Group and the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center, resident in the New Orleans office. Nici assists clients in the defense of numerous complex employment and ERISA class and collective actions, including those alleging FLSA, ERISA and Executive Compensation Claims. Nici is also a member of the Firm’s eDiscovery Group and advises clients on eDiscovery matters, including day-to-day preservation, investigations, and...

Tulio D. Chirinos, Labor, Employment, Attorney, Proskauer, Law firm

Tulio D. Chirinos is an Associate in the Labor & Employment Department, and a member of the Employee Benefits, Executive Compensation, and ERISA Litigation Practice Center, resident in the New Orleans office.

Tulio works on a wide variety of employment law and benefit matters, including Title VII of the Civil Rights Act, the Fair Labor Standards Act, ERISA breach of fiduciary duty claims, and ERISA benefits claims. He is also a contributing author to Chapter 20 of the fifth edition of BNA’s ERISA Litigation treatise, which will be published in 2014. Prior to joining Proskauer, Tulio clerked for the Federal Public Defender’s office for the Middle District of Florida. Before attending law school, Tulio was an officer in the Army National Guard, where he served two tours of duty in Iraq. He is currently a Captain in the Mississippi National Guard.