OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 398 Bill Analysis
135th General Assembly
Click here for H.B. 398’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Miranda and Abdullahi
Effective Date:
Paul Luzzi, Attorney
SUMMARY
 Prohibits certain employers from refusing to interview or consider a prospective
employee for employment based on the prospective employee’s wage or salary history.
 Prohibits, unless an exception applies, certain employers from requesting or seeking
information regarding a prospective employee’s wage or salary history from the
prospective employee or the prospective employee’s current or former employer.
 Prohibits certain employers from requiring that a prospective employee’s wage or salary
history satisfy minimum or maximum criteria.
 Allows any prospective employee alleging a violation of the bill to sue to recover
damages, or for equitable relief, along with costs and reasonable attorney’s fees.
 Allows the Attorney General, at the written request of one or more prospective
employees alleging an employer violated the bill, to take an assignment of such a claim
or claims.
DETAILED ANALYSIS
Prospective employee wage and salary history – prohibitions
Subject to the exceptions described below, the bill prohibits an employer from doing
any of the following:
1. Refusing to interview or consider a prospective employee for employment based on the
prospective employee’s wage or salary history;
2. Requesting or seeking information regarding a prospective employee’s wage or salary
history from the prospective employee or the prospective employee’s current or former
employer;
June 10, 2024
Office of Research and Drafting LSC Legislative Budget Office
3. Requiring that a prospective employee’s wage or salary history satisfy minimum or
maximum criteria.1
Under the bill, an “employer” is any person who has 15 or more employees and includes
an agent of an employer, the state or any agency or instrumentality of the state, and any
municipal corporation, county, township, school district, or other political subdivision or any
agency or instrumentality thereof.2
Exceptions
The bill allows an employer to request information regarding or seeking to confirm a
prospective employee’s wage or salary history from the prospective employee or the
prospective employee’s current or former employer if both of the following apply:
1. The prospective employee has voluntarily disclosed to the employer information
regarding the prospective employee’s wage or salary history;
2. The employer has made an offer of employment with compensation to the prospective
employee.3
The bill also specifies that it does not prohibit an employer from doing either of the
following:
1. Inquiring as to a prospective employee’s wage or salary expectations or requirements;
2. Providing information regarding the wages, salary, benefits, commissions, or any other
forms of remuneration or compensation offered in connection with any position for
which the prospective employee is applying.4
Additionally, if an employee is seeking to fill another position with the employee’s
employer by transfer or promotion, the bill allows the employer to consider the employee’s
wage or salary for the purpose of determining the employees wage or salary in the new
position.5
Enforcement
Any prospective employee alleging a violation of the bill may sue to recover damages
sustained due to an employer’s violation, or for equitable relief, along with costs and
reasonable attorney’s fees. The bill allows two or more prospective employees alleging the
same employer violated the bill to join as co-plaintiffs in one lawsuit.
1 R.C. 4113.12(B).
2 R.C. 4113.12(A).
3 R.C. 4113.12(C).
4 R.C. 4113.12(D).
5 R.C. 4113.12(E).
P a g e |2 H.B. 398
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
The bill allows the Attorney General, at the written request of one or more prospective
employees alleging an employer violated the bill, to take an assignment of such a claim or
claims.6
HISTORY
Action Date
Introduced 02-05-24
ANHB0398IN-135/ar
6 R.C. 4113.12(F).
P a g e |3 H.B. 398
As Introduced