On March 13, 2019, Cincinnati, Ohio became the latest jurisdiction to join the growing trend into adopting an ordinance which prohibits employers from asking about or relying on salary history of a prospective employee as they determine the starting pay. This ordinance will go into effect 365 days after becoming law and more detailed rules regarding implementation have been made available.
Under the ordinance, an employer, employment agency, labor organization or any agent thereof located in the city of Cincinnati and employing at least 15 employees within the city may not:
· Inquire about applicant’s salary history.
· Screen applicants based on their current or prior compensation or salary history.
· Rely on salary history when deciding to offer employment, when determining salary or other compensation, or when negotiating a contract with the applicant.
· Refusal to hire, disfavoring, or retaliating against an applicant for not disclosing salary history.
While the ordinance bans the above, an employer is still allowed to engage in discussions about an applicant’s salary or compensation expectations. Additionally in accordance to the ordinance, an employer must provide the pay scale for the position offered, if it is reasonably requested of the applicant who has received a conditional offer.
Supporters of similar ordinances believe that the ordinance will assist in achieving salary parity for all workers.
Contact our attorneys for support with this ordinance.