A new ordinance prohibits employers with 15 or more employees in Columbus, OH from asking job … [+]
Columbus, Ohio, recently passed an ordinance prohibiting employers from inquiring about a job candidate’s salary history. Effective March 1, 2024, the law aims to address pay inequity and promote fair pay practices for all employees.
The ordinance applies to all employers with 15 or more employees in Columbus, including both public and private employers. Under the law, employers are prohibited from asking job applicants about their salary history, either orally or in writing. This includes asking about current or past wages, benefits, or other compensation. Employers are also prohibited from screening job applicants based on their salary history or relying on salary history to determine a candidate’s pay.
The Columbus ordinance does not require employers to post job pay ranges or disclose benefits after making a conditional job offer. Additionally, there are certain exemptions to the ban, which include: actions authorized by specific federal, state, or local laws, internal promotions, voluntary and unprompted disclosure of salary history by a job candidate, verification of non-salary-related information, re-hires within three years of termination, positions subject to collective bargaining agreements, and federal, state, and local government employers except for the City of Columbus.
Under the ordinance, if an employer violates the prohibition on salary history inquiries, the employee or job applicant may file a complaint with the Columbus Community Relation Commission. The Commission will investigate the complaint and may order the employer to desist from further violations, take remedial actions as necessary, and includes civil penalties of up to $5,000. No private right of action is afforded to aggrieved job applicants or employees.
Employers in Columbus should take note of the new ordinance and ensure that their hiring practices comply with the prohibition on salary history inquiries. This may include revising job applications, amending hiring processes with vendors, as necessary, training hiring managers on the new requirements, and updating policies and procedures to ensure compliance.
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