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San Francisco committee advances salary-history ban with amendments, continues ordinance for further drafting
Summary
A Board of Supervisors GAO committee advanced an ordinance banning employers from asking applicants about prior salary or relying on salary history, accepted substantive amendments and continued the item for further drafting and alignment to the next GAO meeting (continued without opposition).
Chair Jane Kim convened the Government Audit and Oversight Committee and called forward an ordinance by Supervisor Mark Farrell that would bar private employers from asking job applicants about current or past salary or using salary history to set pay. The proposal authorizes the Office of Labor Standards Enforcement to implement and enforce violations and authorizes the city to bring civil actions against violators.
Supervisor Mark Farrell framed the ordinance as a step to close persistent pay gaps in San Francisco. “Women in San Francisco are still paid 84¢ on the dollar compared to what men make,” he said, and cited larger disparities for African-American and Latina women. Farrell said the measure bans salary-history inquiries, permits voluntary disclosure by applicants who wish to counter an offer, and would make the law operative on July 1, 2018 to align with the minimum-wage increase.
Dr. Emily Murase of the Department on the Status of Women called the wage-gap data “shocking,” citing Census-based local estimates (women 84¢, African-American women about 60¢, Latina women about 55¢ to the dollar) and longitudinal research that shows substantial lifetime losses for women. Jennifer Reich, legal director for Equal Rights Advocates, testified the ordinance would reduce bias in pay-setting and supported the proposed amendments to improve implementation and enforcement.
During the committee discussion, Farrell previewed several substantive amendments: broaden the definition of employment to include city contractors who perform work outside San Francisco; exempt publicly available public-employee salary information and items governed by collective bargaining; clarify voluntary disclosure and verification procedures; and add implementation provisions such as required notifications and postings. Farrell said his office had worked with business groups and advocates on the language.
The committee voted to accept the amendments and continue the ordinance to the next Government Audit and Oversight meeting for final drafting and additional city-attorney text. Chair Kim stated the motion could be taken “without opposition”; the continuation was set for the next GAO meeting (June 21) for the substantive change expanding the employment definition. No formal roll-call vote was recorded in the hearing transcript.
The next steps: staff said the city attorney will craft precise statutory-language text for the amendments and return the item for committee consideration; the committee did not adopt a final ordinance language or an immediate effective date beyond the proposed July 1, 2018 operative date in the draft.
Actions recorded at the hearing include acceptance of the presented amendments and continuation of the ordinance for further drafting and formal action at a subsequent meeting.
