Effective October 27, 2025, the City of Cleveland will implement Ordinance No. 104-2025. The Ordinance prohibits discrimination based on an applicant’s salary history for all employers with 15 or more employees within the City of Cleveland. The purpose of the Ordinance is to address systemic pay inequities, specifically those affecting women and people of color.
Under the Ordinance, it is considered an unlawful, discriminatory practice for covered employers to:
- Disfavor, retaliate against, or injure an applicant for not disclosing their salary history;
- Inquire about the applicant’s salary history;
- Screen an applicant based on their prior or current salary history; and
- Rely solely on the applicant’s salary history in deciding whether to offer employment to an applicant or determining the applicant’s salary during the hiring process.
Employers are also required to provide the salary range or scale for potential employment in the job posting.
Violations of the Ordinance will be administered by the City’s Fair Employment Wage Board (“FEWB”). The FEWB will attempt to resolve complaints against employers, but employers who violate the Ordinance can be fined from $1,000 to $5,000 based on the number of prior violations. Employers can appeal penalty awards.
Other Ohio cities have enacted similar legislation. Cincinnati and Toledo passed similar laws in 2019 and Columbus in 2023. The new law can be accessed here: https://cityofcleveland.legistar.com.
Perez Morris is a client-centered, community-focused law firm representing employers in employment law matters throughout Cleveland, Ohio and across multiple regions. If you have questions about compliance with this Ordinance or need legal representation, click here to contact an attorney at Perez Morris.
Jo A. Tatarko focuses on employment defense, financial services litigation, probate litigation and business litigation. She represents clients in employment related lawsuits and administrative claims, as well as in breach of contract matters, probate and business disputes. Jo joined the Perez Morris Cleveland office in 2022. You can reach Jo at jtatarko@perez-morris.com or (216) 621-5161. Read more
Ali Nienaber is an attorney in Perez Morris’ Cleveland office, where she specializes in complex commercial and business disputes and represents employers in employment litigation. Ali’s practice is built on a foundation of helping individuals navigate complex issues with human compassion. You can reach Ali at anienaber@perez-morris.com or (216) 435-2385. Read more