Salary History Ban in Ohio: What Employers Can Ask

Federal law does not prohibit employers from asking about salary history. The Equal Employment Opportunity Commission (EEOC) does not restrict salary history inquiries under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Genetic Information Nondiscrimination Act. The Fair Labor Standards Act (29 U.S.C. § 206 et seq.) governs minimum wage and overtime but does not address salary history questions.

Federal law does allow states and local jurisdictions to impose their own salary history restrictions. Some federal contractors may be subject to executive order requirements regarding pay equity, but direct inquiry bans are not a federal requirement. The EEOC has issued guidance supporting transparency and pay equity but has not issued rules prohibiting salary history questions. However, the Federal Trade Commission and the Department of Labor encourage employers to focus on job-related pay expectations rather than historical compensation to reduce wage inequality.

Ohio has no statewide salary history ban law. Ohio Revised Code § 4112.02 establishes the state's employment discrimination statute, which prohibits discrimination based on protected characteristics such as race, color, religion, sex, national origin, disability, and age, but does not restrict salary history inquiries. This means Ohio employers are not prohibited by state law from asking candidates about prior compensation.

However, Ohio allows municipalities to enact local ordinances that restrict salary history inquiries. Columbus and Cleveland have adopted salary history ban ordinances that apply to employers hiring for positions within their respective jurisdictions. Columbus City Code § 3939.01 prohibits employers from inquiring about a job applicant's salary history or requiring prior salary information as a condition of employment, with some exceptions for internal promotions and current employees. Cleveland City Code § 124.01 contains similar restrictions on salary history inquiries.

These local bans are stronger than the state rule. They extend protections beyond what state law provides and apply specifically to employers hiring within city limits. The scope of these ordinances may vary—some apply only to city contractors and public sector employers, while others may apply more broadly. Additionally, Ohio employers are not prohibited by state law from discussing salary history with current employees or from considering pay equity in setting compensation.

Ohio's approach differs significantly from states like California, New York, and Massachusetts, which have statewide salary history bans. Without a statewide ban, Ohio employers outside Columbus and Cleveland have no legal restriction on asking about prior compensation. Enforcement of local ordinances is typically handled by the city's human resources or employment division, and violations may result in fines or debarment from city contracts.

Ohio statewide law: No salary history ban applies to any employer size.

Columbus local ordinance: Applies to employers contracting with or seeking to do business with the City of Columbus, regardless of employer size.

Cleveland local ordinance: Applies to employers hiring for positions within Cleveland city limits; scope may vary by ordinance revision.

No filing deadline applies because Ohio has no state-level prohibition. If a local ordinance is violated, complaints typically must be filed with the relevant city's employment or human resources office within timeframes specified in the local ordinance (often 30–90 days).

Ohio's lack of a statewide salary history ban creates significant exceptions and gaps in protection. Employers in Ohio are generally permitted to ask about salary history unless they are subject to a specific local ordinance or are federal contractors under certain executive orders. At-will employment doctrine allows employers in Ohio to condition hiring or compensation decisions on virtually any factor that is not prohibited by state or federal discrimination law.

Key exceptions include: (1) Internal promotions: Even where local bans apply, questions about current employee compensation during promotion may not be restricted. (2) Current employees: Salary history discussions with existing employees are typically not covered by local bans. (3) Voluntary disclosure: If a candidate voluntarily discloses prior salary without being asked, an employer may consider that information. (4) Federal contractors: Employers with certain federal contracts may be subject to Executive Order 11246 or other federal pay equity requirements, but these do not prohibit salary history inquiries; they focus on equal pay for equal work.

(5) Employment verification services: Third-party background check firms may be treated differently under local ordinances. (6) Remote positions: If an employee would be working remotely outside a city with a salary history ban, the applicability of local ordinances is unclear and may depend on the employee's work location or the employer's principal place of business. (7) Union/collective bargaining: Salary history practices negotiated through collective bargaining agreements may supersede individual statutory protections in some contexts.

(8) Legitimate business reasons: Some ordinances contain carve-outs for employers who can demonstrate a legitimate business need for salary history, though this exception is narrowly construed. Employers in Ohio bear the burden of understanding which local ordinances apply to their hiring practices.

Step 1: Document the Violation.

If an employer asks about your salary history in violation of a local ordinance (Columbus or Cleveland), document the interaction immediately. Record the date, time, names of individuals present, the specific questions asked, and the method of communication (phone, email, in-person). Save all written communications, including emails or application forms that request salary history. Take screenshots of online applications or job postings that ask for prior compensation. Keep copies of any rejection letters or follow-up communications that reference your prior salary. This documentation is critical because Ohio's employment law protections require evidence of the alleged violation.

Step 2: Attempt Internal Resolution.

If the employer is subject to a local ordinance, file a complaint with the employer's human resources department or hiring manager. Request written clarification of the employer's salary history policy and ask that the salary history information not be considered in your hiring decision. This step, while not required, may resolve the issue quickly and demonstrates good faith. Document your internal complaint in writing (email is preferred) and maintain copies. Request a response within 7–10 business days. If the employer acknowledges the violation and agrees not to use salary history information, this may resolve your concern without further action.

Step 3: File with the Relevant City Agency.

If internal resolution fails or is not appropriate, file a complaint with the city agency responsible for enforcing the salary history ordinance. In Columbus, file with the Columbus Department of Human Resources or the specific city division handling employment practices; visit https://www.columbus.gov/humanresources/ or call (614) 645-7000. In Cleveland, file with the Cleveland Department of Public Utilities or the relevant city employment office; contact (216) 664-2000 or visit the city website.

Your complaint must include: (1) Your full name and contact information. (2) The employer's name, address, and contact information. (3) The position you applied for or held. (4) Specific dates when the salary history inquiry occurred. (5) The method of inquiry (verbal, written, application form). (6) The names of individuals who asked the question if known. (7) How you were harmed (e.g., not hired, lower offer). (8) Copies of all documentation supporting your claim. (9) Your preferred resolution (damages, attorney fees, non-monetary relief).

File the complaint as soon as possible; many local ordinances impose filing deadlines of 30–90 days from the violation, though some may be longer. Check the specific Columbus or Cleveland ordinance for exact deadlines. Submit the complaint in writing by mail, email, or in person, keeping a copy for your records.

Step 4: The Investigation Process.

Once filed, the city agency will typically acknowledge receipt within 5–10 business days. The investigation generally proceeds as follows: (1) The agency will notify the employer of the complaint and request a response within 10–14 days. (2) The agency will conduct interviews with you, the employer, and any witnesses to the salary history inquiry. (3) The agency may request documents, including job applications, emails, hiring notes, and the employer's compensation policies. (4) This investigation typically takes 30–90 days, though complex cases may take longer.

Expect the agency to determine whether the employer violated the ordinance. If the ordinance has limited exceptions, and the employer has no legitimate basis for the inquiry, the agency will likely find a violation. You will receive written notice of the investigation outcome. If the agency finds no violation, you may be able to appeal or seek further review within a specified timeframe.

Step 5: Remedies and When to Consult an Attorney.

If the city finds a violation, typical remedies include: (1) Compensatory damages for lost wages or emotional distress. (2) Liquidated damages (a statutory multiplier on compensatory damages). (3) Attorney fees and court costs. (4) Injunctive relief requiring the employer to cease the practice. (5) Reinstatement or hire if you were not offered a position due to the violation.

Consult an employment attorney before or immediately after filing if: (1) The employer is large (50+ employees) and the violation seems systematic. (2) You were denied a job or received a lower offer as a direct result of the violation. (3) The city agency delays or appears to dismiss your complaint without investigation. (4) You believe the employer violated other employment laws (discrimination, retaliation) in connection with the salary history inquiry. (5) The employer retaliates against you for filing a complaint (retaliation is typically prohibited under local ordinances).

An employment attorney in Ohio can help you evaluate damages, represent you before the city agency, negotiate a settlement, or file a lawsuit if administrative remedies are exhausted. Legal fees are often recoverable if you prevail.