Employment Law Update: Philadelphia Ordinance on Wage History Blocked

The Chamber of Commerce for Greater Philadelphia was awarded a preliminary injunction in the US District Court for the Eastern District of Pennsylvania against the implementation of a City of Philadelphia Ordinance which purported to: 1) prohibit an employer from inquiring about a prospective employee's wage history and 2) make it illegal for an employer to rely on wage history "at any stage in the employment process" to determine a salary for an employee.

The Court held that the "Inquiry Provision" of the City Ordinance violated the free speech clause of the First Amendment. The Court allowed the "Reliance Provision" to stand. 

The City's rationale was that relying on salary history arguably could perpetuate a perceived wage gap between genders.  

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