Applicant means a person seeking a merit system position with the County. Applicant does not include a County merit system employee seeking a new position with the County.
Salary means an applicant’s financial compensation in exchange for labor, including wages, commissions, and bonuses.
Salary history means an applicant’s current and past salary in the applicant’s current or prior position with another employer.
(b) Requesting salary history prohibited.
(1) The County must not consider or rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant or determining pay.
(2) The County must not seek an applicant’s salary history.
(3) The County must not refuse to hire or retaliate against an applicant for refusing to disclose the applicant’s salary history.
(4) This Section does not prohibit:
(A) an applicant from voluntarily, and without prompting, disclosing the applicant’s salary history, provided the County does not rely on that voluntary disclosure to determine an initial offer of starting salary for the applicant;
(B) the County from discussing an applicant’s expectations with respect to salary without inquiring about salary history;
(C) the County from verifying non-salary information disclosed by an applicant or received from a background check, provided that any salary history disclosed by a background check is not used to refuse to hire or determine an applicant’s salary; and
(D) the County from relying on salary history voluntarily provided by the applicant to pay the applicant a higher wage than initially offered, if reliance on salary history does not result in unequal pay for equal work based on gender.
(, § 1.)
Editor’s note—, § 2, states: Report. The Executive must:
(a) study the effect of laws in other jurisdictions prohibiting an employer from considering an applicant’s salary history on pay disparity based on gender and submit a report to the Council on this analysis on or before July 1, 2020; and
(b) provide the Council with a report on gender pay equity among County employees every 2 years beginning on or before July 1, 2022.
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