Effective March 1, 2024, employers within the City of Columbus, Ohio can no longer ask job applicants about their salary history. This new Columbus ordinance applies to all employers who employ 15 or more employees within the city itself and to any applicant applying for employment that will be performed within the city. It also applies to the city government, but it does not apply to any other public entities in Columbus such as federal, state and county employers.

According to the Columbus City Council, the purpose behind the ordinance is to fight systemic discrimination in pay and, specifically, the gender wage gap. Asking for salary history during the application process perpetuates this gap and this ordinance is intended to elevate best practices for hiring.

As we know, employers have traditionally asked applicants for salary history in order to evaluate them—specifically their current and prior wages and salaries—as part of the selection process. Ultimately, if you have equally qualified applicants for a job and one will accept the position for less money than the other, employers will typically offer the position to the applicant who will accept the lower salary.

The new law goes beyond just asking the applicants, however. It also prohibits employers from trying to obtain this information by other means, such as calling on current or prior employers or by using publicly available records or reports to do so. The law does not prohibit informing applicants about the position’s proposed or anticipated salary or salary range.

The simple compliance solution for employers is to remove any salary history questions from job applications and instruct interviewers that they are no longer permitted to ask about salary history during interviews. This is not to say that an applicant cannot volunteer this information, but it is best not to even hint about going down that road. It would be a much better practice just to state the salary range for the job during the interview process and ask if the applicant would be willing to accept a position in the salary range that is available.

There are civil penalties for violating this ordinance, including a civil penalty of up to $1,000 for a first violation, $2,500 for a repeat violation, and if it happens two or more times, it could be up to $5,000.

As always, if you have questions about compliance, please contact any member of the Ice Miller Workplace Solutions Practice Group, or you can call Paul anytime if you would like to talk about college football or NHL hockey.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.