/>iCleveland, Ohio is the latest jurisdiction to pass a salary history and pay transparency law. The city joins other localities such as Cincinnati, Columbus, and Toledo, Ohio, and the states of California, Colorado, Illinois, Maryland, New Jersey, New York, and Washington in taking steps to address pay disparity concerns.
On April 28, 2025, Cleveland City Council passed Ordinance No. 104-2025, codified as Chapter 669 of the Cleveland Codified Ordinances. The law takes effect Oct. 27, 2025.
The ordinance applies to employers with 15 or more employees within the city of Cleveland, and to any position where the work is performed in Cleveland or where the application is solicited, received, processed, or considered within the city. Such positions will be subject to salary history restrictions and job posting pay transparency requirements.
Salary History Restrictions
The ordinance prohibits covered employers from:
- Inquiring about an applicant’s current or prior salary, either directly or through a third party;
- Screening an applicant based on their current or prior salary;
- Relying on salary history of an applicant in determining whether to offer employment or in setting compensation; or
- Refusing to hire or otherwise retaliating against an applicant for not disclosing their salary history.
These restrictions do not apply to applicants for internal transfer or promotion with their current employer.
An employer may discuss salary expectations with an applicant, including but not limited to unvested equity or deferred compensation that an applicant would forfeit by resigning from their current employer, as long as such discussion does not inquire about salary history.
Job Posting Requirements
The ordinance also imposes job posting disclosure requirements. Covered employers must include the salary range or scale in any job notification, advertisement, or other formal posting that offers an employment opportunity. The ordinance defines salary as “including but not limited to wages, commissions, hourly earnings, and other monetary earnings, and also includes benefits.”
These restrictions also do not apply to applicants for internal transfer or promotion with their current employer.
Enforcement
Any person may file a written complaint with the Cleveland Fair Employment Wage Board (FEWB) within 180 days of an alleged violation. The FEWB is authorized to investigate complaints, issue findings, and seek resolution through education and conciliation.
The FEWB will consider complaints resolved where within 90 days of receiving the complaint, the employer or person alleged to have violated the ordinance has (i) corrected its deficient processes, policies, and/or application materials and (ii) provided to the FEWB a credible plan to commit no further violations of the law.
Employers or other persons who do not resolve the complaint within 90 days may be assessed a civil penalty based on the number of prior violations in the five years before the date on which the complaint was submitted:
- No prior violations: up to $1,000
- One prior violation: up to $2,500
- Two prior violations: up to $5,000
Practical Considerations
Before the Oct. 27, 2025, effective date, covered employers should consider:
- Reviewing and revising job applications, interview protocols, and hiring policies to eliminate salary history inquiries;
- Updating job postings to include salary range or scale and benefit information;
- Training HR personnel, recruiters, and hiring managers on the new requirements;
- Implementing standardized compensation frameworks that do not rely on prior salary data.
Multistate employers should also consider evaluating compliance with similar salary history bans and job posting requirements in other jurisdictions.
