San Francisco Ordinance Prohibits Employer Salary History Inquiries
Beginning July 1, 2018, it will be illegal for San Francisco employers to ask job applicants to disclose their salary history. A number of similar laws have been enacted in cities and states across the country to address the gender and minority pay gaps.
The Parity in Pay Ordinance applies to all employers in San Francisco, employers with contracts with the City of San Francisco and their agents. The Ordinance prohibits any inquiry by a prospective employer concerning an applicant's current or past salary. The Ordinance also forbids employers from disclosing a current or former employee's salary history without that employee's authorization, unless the salary is publically available.
The law does not prohibit a prospective employer and job applicant from discussing the applicant's pay expectations or benefits the applicant would have to relinquish to take a new position. If the applicant voluntarily discloses salary information, the employer can consider that information in making a hiring decision, but the salary history itself cannot be used to pay any employee at a wage rate that is less than that paid to employees of a different sex, race or ethnicity for substantially similar work under similar working conditions, consistent with California Labor Code Section 1197.5.
For the first year, San Francisco's Office of Labor Standards Enforcement (OLSE) will issue warnings and notices to correct violations. After July 1, 2019, the OLSE will begin imposing an administrative penalty of $100 per violation, $200 for the next violation, and $500 for each subsequent violation. The OLSE will also be issuing posters for San Francisco employers to post in the work place.
San Francisco employers that believe they have a legitimate need for salary information to make competitive hiring decisions will have to undertake research to determine the going rates for the positions. Glassdoor.com, and similar websites, provides salary data. San Francisco employers will also need to review their hiring procedures to make certain they are compliant with the Ordinance, and advise those persons involved in the hiring process of the requirements and prohibition of the Ordinance.
Employers with questions about the Parity and Pay Ordinance should contact David Ian Dalby or their regular Hinshaw attorney.
Featured Insights

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

