(a) Definitions. For the purpose of this section, the following terms shall have the following meanings:
"Contract" means any agreement or transaction pursuant to which a contractor (i) receives city funds in consideration for services, work or goods provided or rendered, including contracts for legal or other professional services, or (ii) pays the city money in consideration for a license, grant or concession allowing it to conduct a business on city premises, and includes any contracts not awarded or processed by the Department of Procurement Services.
"Contractor" means the person to whom a contract is awarded.
(b) Requirements.
(1) No contractor, or entity awarded a contract with the City, or any renewal or extension thereof, shall screen job applicants based on their wage or salary history, including by requiring that an applicant’s prior wages, including benefits or other compensation, satisfy minimum or maximum criteria; or by requesting or requiring that an applicant disclose prior wages or salary:
(i) as a condition of being interviewed,
(ii) as a condition of continuing to be considered for an offer of employment,
(iii) as a condition of an offer of employment or an offer of compensation, or
(iv) as a condition of employment.
(2) No contractor shall seek the wage or salary history, including benefits or other compensation, of any job applicant from any current or former employer.
(3) Each contractor, or entity awarded a contract with the City, or any renewal or extension thereof, must adopt a policy that includes the same prohibitions set forth in subsections (1) and (2) of this subsection (b).
(c) Rules. The chief procurement officer is hereby authorized to do the following:
(1) The chief procurement officer shall require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or contractor submit an affidavit and any other supporting documents demonstrating that the bidder has a policy conforming to the requirement in subsection (3) paragraph (b), above;
(2) investigate all contractors’ compliance with this section;
(3) provide the names and business addresses of substantial owners and contractors to persons seeking to enforce this section, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting enforcement; provided that the names and identifying information of persons seeking to enforce this section shall be deemed confidential; and
(4) to promulgate regulations relating to the operation and enforcement of this section.
(d) Where a contract is entered into by an agent of the city other than the chief procurement officer, that agent is authorized to take and shall take the actions described above for the chief procurement officer in subsection (c) above.
(e) Noncompliance. If a contractor violates the provisions of this section, that contractor may be deemed ineligible to contract with the City; any contract, extension, or renewal thereof awarded in violation of this section may be voidable at the option of the City. Provided, however, that upon a finding of a violation by a prime contractor, no contract shall be voided, terminated, or revoked without consideration by the Chief Procurement Officer or other contracting agent of the City of such action’s impact on the prime contractor’s MBE or WBE subcontractors. For purposes of this section, "MBE" and "WBE" have the meanings ascribed to those terms in Sections 2-92-420 and 2-92-670, and "prime contractor" means a person who is the primary contractor on a contract and does not include any subcontractors.
(f) Fines. Any contractor who violates this subsection shall be subject to a fine not less than $500 and not more than $1,500 for each offense.
(g) Severability. If any provision, clause, sentence, paragraph, or part of this section or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment has been rendered and to the person and circumstances affected thereby.
(Added Coun. J. 5-23-18, p. 77282, § 3)