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(A) Definitions. For purposes of this section, the following definitions shall apply:
APPLICANT. Any person considered for or who requests to be considered for employment by Louisville Metro.
INQUIRE. Any direct or indirect statement, question, prompting, or other communication, orally or in writing, personally or through an agent, to gather information from or about an applicant, using any mode of communication, including but not limited to application forms and interviews.
LOUISVILLE METRO. The Louisville/Jefferson County Metro Government or any department, agency or office thereof unless specifically excluded by this section.
SALARY HISTORY. The applicant's current or prior wage, benefits or other compensation.
(B) General provisions.
(1) Except as otherwise provided by state and federal law, Louisville Metro shall not:
(a) Inquire about an applicant's salary history;
(b) Consider or rely on salary history of an applicant in determining the salary, benefits or other compensation for such applicant during the hiring process; or
(c) Refuse to hire, or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to Louisville Metro.
(2) Notwithstanding division (B)(1)(b) of this section, if an applicant voluntarily and without prompting discloses salary history to Louisville Metro, Louisville Metro may verify the applicant's salary history after such applicant is offered employment, including a compensation amount, with Louisville Metro.
(C) Exceptions. This section does not apply to:
(1) Applicants for internal transfer or promotion within Louisville Metro;
(2) Any attempt by Louisville Metro to verify an applicant's disclosure of non-salary related information or conduct a background check, provided that if such verification results in the disclosure of salary history, Louisville Metro shall not rely on such disclosure for determining salary, benefits, and other compensation; or
(3) Positions within Louisville Metro for which salary, benefits, and other compensation are determined pursuant to procedures established by collective bargaining.
(D) Severability. If any provision of these sections shall be held to be invalid by action of law, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(E) Penalties. Any person found to be in violation of this section may be disciplined, up to and including termination.
(Lou. Metro Ord. No. 66-2018, approved 5-17-2018)