On April 28, 2025, the Cleveland City Council unanimously passed Ordinance No. 104-2025 (the “salary ordinance”), which will ban any employer that employs fifteen or more employees in the City of Cleveland, as well as any employment agency operating on the employer’s behalf, from asking about or considering a job applicant’s salary history. The salary ordinance also requires job postings to provide the salary range or scale of the position. The ordinance will take effect on October 27, 2025.
Quick Hits
- The Cleveland City Council passed an ordinance that prohibits Cleveland businesses with fifteen or more employees within the city limits from inquiring about salaries and requires such businesses to provide salary information in job postings.
- The ordinance allows employers to cure violations without receiving a civil monetary penalty but provides for civil penalties up to $5,000 for refusal to comply and multiple violations.
- The ordinance is effective October 27, 2025.
Ordinance No. 104-2025, which the city council approved on April 28, 2025, also requires job postings to provide the salary range or scale of the position.
The city council noted in the ordinance that Cincinnati, Columbus, and Toledo have similar pay equity laws.
The ordinance makes it an unlawful discriminatory practice to: (1) inquire about a job applicant’s salary history; (2) screen applicants based on their current or prior salary history; (3) rely solely on an applicant’s salary history in deciding whether to offer the applicant employment; or (4) refuse to hire or otherwise retaliate against an applicant who refuses to disclose his or her salary history. The ordinance also requires Cleveland employers to include the salary range or scale of the position in the notification, advertisement, or other formal posting that offers the opportunity to apply. The ordinance does not, however, prohibit an employer from inquiring about a job applicant’s salary expectations.
The ordinance only applies to positions that will be performed within Cleveland’s geographic boundaries, and “whose application, in whole or in part, will be solicited, received, processed, or considered in the City of Cleveland, regardless of whether the person is interviewed.”
Cleveland’s Fair Employment Wage Board (FEWB) is tasked with enforcing the ordinance. Any person may allege violations of the ordinance by filing a written complaint with the FEWB within 180 days of the alleged violation. The ordinance provides for a resolution process and, if the FEWB finds by a preponderance of evidence that a violation has occurred, the employer may resolve and correct the deficiency within ninety days without receiving a penalty. If the deficiency is not cured within ninety days, the FEWB may issue a civil penalty, which starts at $1,000 per violation and increases with each violation up to a maximum of $5,000. The monetary penalties will adjust annually based on the U.S. Consumer Price Index for all Urban Consumers (CPI-U).
Employers covered under the ordinance may want to review their hiring practices and job postings to ensure compliance with the new ordinance when it takes effect.
Ogletree Deakins’ Cleveland office will continue to monitor developments and will provide updates on the Ohio and Pay Equity blogs as additional information becomes available.
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