Cincinnati, Ohio recently became the latest jurisdiction to pass a law that prohibits employers from asking job applicants for their salary history. Under the Prohibited Salary History Inquiry and Use Ordinance (the “Ordinance”), employers with 15 or more employees located within the City of Cincinnati may not ask about or rely on the prior salary history of prospective employees in determining starting salary.

Specifically, the Ordinance provides that employers must not:

  • Inquire about an applicant’s salary history or request reports or other information to determine or verify salary history;
  • Screen job 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 an employment contract; or
  • Refuse to hire, otherwise disfavor, or retaliate against an applicant for not disclosing their salary history.

For purposes of the Ordinance, applicant is defined as “any person applying for employment to be performed within the geographic boundaries of the City of Cincinnati, and whose application, in whole or in part, will be solicited, received, processed, or considered in the City of Cincinnati, regardless of whether the applicant is interviewed.” The term “inquire” means to ask the applicant or former employer orally, in writing or otherwise, or to conduct a search of publicly available records or reports.

The Ordinance provides an exception for employers to engage in discussions with an applicant about their expectations with respect to salary, benefits and other compensation. There are also exceptions for, among other things: (i) internal transfers or promotions; (ii) employee positions for which salary, benefits and other compensation are subject to a collective bargaining agreement; and (iii) an applicant’s voluntary and unprompted disclosure of salary history information.

Individuals alleging violations of the Ordinance may bring a private right of action and potential remedies include compensatory damages, attorneys’ fees and costs, and other legal and equitable relief.

The Ordinance will take effect in March 2020. In the meantime, employers in Cincinnati should begin taking steps now to ensure compliance by training human resources and other relevant personnel on these new requirements.

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Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.

Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.