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(a) An Employer shall not consider or rely on an applicant’s Salary History as a factor in determining whether to offer Employment to an Applicant or what Salary to offer an Applicant.
(b) An Employer shall not Inquire about an Applicant’s Salary History.
(c) An Employer shall not refuse to hire, or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary History to the Employer.
(d) An Employer shall not release the Salary History of any current or former employee to that person’s prospective Employer without written authorization from the current or former employee unless the release of Salary History is required by law, is part of a publicly available record, or is subject to a collective bargaining agreement.
(e) Nothing in this Article 33J shall prohibit an Applicant from voluntarily and without prompting disclosing Salary History.
(f) Where an Applicant voluntarily and without prompting discloses Salary History to a prospective Employer, or provides written authorization pursuant to subsection (d) above, nothing in this Article 33J shall prohibit that Employer from considering that voluntarily disclosed Salary History in determining Salary for such Applicant or verifying such Applicant’s Salary History. Salary History by itself shall not be used to justify paying any employee of a different sex, race or ethnicity less than such Applicant or prospective employee for doing substantially similar work under similar working conditions, in accordance with California Labor Code Section 1197.5.
(g) An Employer may, without inquiring about Salary History, engage in discussion with the Applicant about the Applicant’s expectations with respect to Salary, including but not limited to unvested equity or deferred compensation or bonus that an Applicant would forfeit or have cancelled by virtue of the Applicant’s resignation from their current Employer.
(h) Nothing in this Article 33J shall prohibit an Employer from verifying non-Salary related information disclosed by the Applicant or from conducting a background check provided that if such verification or background check discloses the Applicant’s Salary History, the disclosed Salary History shall not be considered for purposes of determining the Salary to be offered to the Applicant during the hiring process or whether to offer Employment to the Applicant.
(Added by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)