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On March 13, 2019, Cincinnati City Council passed an ordinance that will bar employers from asking applicants for their salary history. The law is intended to address wage disparity for women and minorities. Cincinnati joins the growing number of municipalities and states that have passed salary history bans.

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Cincinnati’s ordinance will take effect in one year and applies to employers located within the City of Cincinnati that have 15 or more employees within the City of Cincinnati.

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Applicants are afforded a private right of action under the ordinance and can recover compensatory damages, reasonable attorney’s fees, costs and equitable relief for violations.

The ordinance may be subject to legal challenges. Cincinnati City Council cited recent studies that show a connection between requesting salary history information and gender-based wage disparity as evidence of the need for the ban.

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To prepare for this new law, Cincinnati employers should:

The trend of states and municipalities passing salary history bans is not expected to end anytime soon. All employers should review the laws in the locations in which they are hiring, and proactively consider how to approach setting compensation in the absence of salary history information.

If you have questions about the ordinance, or about how to prepare for its likely implementation, please contact:

Heather M. Muzumdar 513.352.6691 <a href="mailto:Heather.Muzumdar@ThompsonHine.com">Heather.Muzumdar@ThompsonHine.com</a>

or any member of our <a href="http://www.thompsonhine.com/services/labor-amp-employment">Labor &amp; Employment</a> group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Labor__Employment_@lert_-_Cincinnati_Adopts_Salary_History_Ban_-_March_2019.pdf

Cincinnati Adopts Salary History Ban

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