Columbus, OH: Bans Salary History Inquiries

/in /by

APPLIES TO

Employers with 15+ Employees in Columbus, OH

EFFECTIVE

March 1, 2024

  

QUESTIONS?

Contact HR On-Call

(888) 378-2456
Quick Look

  • Employers cannot inquire into an applicant’s salary history, screen applicants based on their compensation, rely solely on salary history in making employment decisions, and refusing to hire an applicant for not disclosing their salary history.

Discussion

Beginning March 1, 2024, Ordinance No. 0709-2023 will implement a salary history ban. Specifically, employers with 15 or more employees within the City of Columbus will be prohibited from:

  • Inquiring about the salary history of applicants in Columbus, Ohio.
  • Screening job applicants based on their current or prior wages, benefits, other compensation, or salary histories, including requiring that an applicant’s prior wages, benefits, other compensation or salary history satisfy minimum or maximum criteria.
  • Relying solely on the salary history of an applicant, subject to limited exception, in deciding whether to offer employment to an applicant, or in determining the salary, benefits, or other compensation for an applicant during the hiring process, including the negotiation of an employment contract.
  • Refusing to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing salary history to an employer.

Employers can still inquire about an applicant’s expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an applicant would forfeit by resigning from their current employer. An “applicant” is any person applying for employment to be performed within the geographic boundaries of the City of Columbus, and whose application will be solicited, received, processed, or considered in the City of Columbus.

The Ordinance does not apply to: (1) any actions taken by an employer pursuant to any federal, state, or local law that specifically authorizes the reliance on salary history to determine an employee’s compensation; (2) applicants for internal transfer or promotion with their current employer; (3) a voluntary and unprompted disclosure of salary history information by an applicant; (4) any attempt by an employer to verify an applicant’s disclosure of non-salary related information or conduct a background check; (5) applicants who are re-hired by the employer within three years of their most recent date of termination; (6) employee positions for which salary, benefits, or other compensation are determined pursuant to procedures established by collective bargaining; and (7) federal, state, and local governmental employers, other than the City of Columbus.

 

Action Items

  1. Review the Ordinance here.
  2. Remove salary history inquiries from job applications.
  3. Revise recruiting practices to eliminate salary history inquiries.
  4. Have appropriate personnel trained on the salary history ban.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase