Philadelphia’s Wage-History Ordinance Faces First Amendment Challenge

 Guest Commentary

By Stephanie J. Peet, a Partner in the Philadelphia, PA office of Jackson Lewis P.C., and Timothy M. McCarthy, an Associate with the firm. Ms. Peet writes for the firm’s Pay Equity Advisory Blog.

The number of jurisdictions considering and enacting legislation that bars employer inquiries about and reliance on job applicants’ salary or wage history has been growing. A legal challenge to the Philadelphia’s ban promises to be instructive and is worth watching.

The Philadelphia Ordinance

 On December 8, 2016, the Philadelphia City Council passed a bill prohibiting employers from inquiring about the wage history of prospective employees (the “Ordinance”). The Ordinance, intended to alleviate “gender-based pay discrimination,” was scheduled to take effect on May 23, 2017. In April, however, the Chamber of Commerce for Greater Philadelphia filed a complaint and motion for a preliminary injunction against the City of Philadelphia and the Philadelphia Commission on Human Relations, ultimately seeking to have the law struck down. The City voluntarily halted enforcement of the Ordinance while the lawsuit is pending. Continue reading “Philadelphia’s Wage-History Ordinance Faces First Amendment Challenge”