Cincinnati Passes Salary History Ban Law with Pay Scale Disclosure Requirement

On March 13, 2019, the City of Cincinnati passed Ordinance 83, a new salary history ban law that also contains a pay scale disclosure requirement. The law will go into effect in March 2020.

Salary History

The salary history ban section of the law explicitly prohibits

• Inquiring about the past salaries of an applicant
• Screening applicants based on their past salaries
• Requiring salary history meets a minimum or maximum criterion
• Relying on salary history of an applicant in deciding whether to extend offer of employment
• Determining compensation at any stage of the hiring process (except negotiations) unless salary history is disclosed voluntarily by the applicant
• Refusing to hire or disfavoring an applicant for not disclosing his or her salary history

Pay Scale Disclosure

The law also states that applicants have the right to request the pay scale for the position when given a conditional offer of employment.

Salary History Ban Laws in the U.S.

There are many other states and local jurisdictions that have passed their own salary history ban laws. A few examples include:

• California
• Hawaii
• Oregon
• Albany County, NY
• Suffolk County, NY

This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.