The ordinance will prohibit an employer from asking an applicant about their current or prior wages, benefits or other compensation, rely on the applicant's salary history in deciding whether to make an offer of employment or in determining wages and benefits for the applicant, refusing employment if an applicant declines to disclose their salary history.

The ordinance will not apply to circumstances where: federal, state, or local law specifically authorizes an employer to rely on salary history to determine wages; there is an internal transfer or promotion of an employee; an applicant voluntarily discloses their salary history; a background check discloses salary history as long as the employer does not use that information solely in determining compensation; or an applicant who is rehired within three years of the date of termination, and federal, state and local government employees in the City of Columbus.

Several statutes control the release of data to non-U.S. persons. Some foreign nationals, due to their country of citizenship, are barred from possessing certain information and others require the employer to apply for an export license to be able to possess certain information. The export control regime thus requires employers to conduct a proper export control and screening assessment during the hiring and onboarding process.

However, as demonstrated by the settlement, the export control and screening assessment cannot be combined with the Form I-9 completion process due to the Immigration and Nationality Act's (INA) prohibition on asking for certain documents from the employee. Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work.

To assist employers in reconciling these conflicting regulations the DOJ provided a fact sheet for employers. This topic has also been the subject of prior Technical Assistance Letters (TAL) by DOJ.