San Francisco Ordinance No. 170350 bans employers from considering the current or past salary of an applicant in determining whether to hire an applicant or what salary to offer the applicant. The ordinance also prohibits employers from asking applicants about their current or past salary and from disclosing a current or former employee’s salary history without the employee’s authorization unless the salary history is publicly available.
Employers are required to post a notice published by the San Francisco Office of Labor Standards Enforcement describing applicants’ and employees’ rights under the ordinance and may not retaliate against the applicant for not disclosing salary history. An employer may consider voluntarily disclosed salary history in determining an applicant’s salary or for verifying the applicant’s salary history. Salary history can never be used to justify paying any employee of a different sex, race, or ethnicity less than the applicant for doing substantially similar work under similar working condition. An employer can discuss the applicant’s expectation with respect to salary or any financial benefit the applicant would have to forego to take the new job. The salary history ban covers an application for any type of job for wages, including temporary or seasonal work and commissioned work.
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