768.02 Prohibition on Inquiring About or Use of Salary History.
   (a) Except as otherwise provided in this subdivision, it is an unlawful discriminatory practice for an Employer to:
      (1) Inquire about the Salary History of an Applicant for Employment; or
      (2) Screen job Applicants based on their current or prior wages, benefits, other compensation, or Salary Histories, including requiring that an Applicant's prior wages, benefits, other compensation or Salary History satisfy minimum or maximum criteria; or
      (3) Rely on the Salary History of an Applicant in deciding whether to offer Employment to an Applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process, including the negotiation of an employment contract; or
      (4) Refuse to hire or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary history to an Employer.
   (b) Notwithstanding paragraph (a) of this subdivision, an Employer may, without inquiring about Salary History, engage in discussions with the Applicant about their expectations with respect to salary, benefits, and other compensation, including but not limited to unvested equity or deferred compensation that an Applicant would forfeit or have cancelled by virtue of the Applicant's resignation from their current Employer.
   (c) An Employer, upon reasonable request, shall provide the pay scale for a position to an Applicant applying for Employment, for which the Applicant has been provided a conditional offer of Employment by the Employer.
   (d) The prohibitions contained in this section shall not apply to:
      (1) Any actions taken by an Employer pursuant to any federal, state or local law that specifically authorizes the reliance on Salary History to determine an employee's compensation;
      (2) Applicants for internal transfer or promotion with their current Employer;
      (3) A voluntary and unprompted disclosure of Salary History information by an Applicant;
      (4) Any attempt by an Employer to verify an Applicant's disclosure of non-salary related information or conduct a background check, provided that if such verification or background check discloses the Applicant's Salary History, such disclosure shall not be relied upon for purposes of determining the salary, benefits, or other compensation of such Applicant during the hiring process, including the negotiation of a contract.
      (5) Applicants who are re-hired by the Employer within five years of the Applicant's most recent date of termination from Employment by the Employer, provided that the Employer already has past Salary History data regarding the Applicant from the previous Employment of Applicant;
      (6) Employee positions for which salary, benefits, or other compensation are determined pursuant to procedures established by collective bargaining;
      (7) Federal, state and local political subdivisions, other than the City of Toledo.
(Ord. 173-19. Passed 6-26-19.)