Federal Judge Rules Portion of Philadelphia Salary History Ban Violates Constitutionally-Protected Free Speech
It is an unlawful employment practice for an employer, employment agency, or employee or agent thereof:
(i) To inquire about a prospective employee’s wage history, require disclosure of wage history, or condition employment or consideration for an interview or employment on disclosure of wage history, or retaliate against a prospective employee for failing to comply with any wage history inquiry or for otherwise opposing any act made unlawful by this Chapter.
(ii) To rely on the wage history of a prospective employee from any current or former employer of the individual in determining the wages for such individual at any stage in the employment process, including the negotiation or drafting of any employment contract, unless such applicant knowingly and willingly disclosed his or her wage history to the employer, employment agency, employee or agent thereof.
It is probable there will be further action in the case by one or both parties in terms of appeals. AccuSource will provide further updates as they develop. Employers in Philadelphia should consult their legal counsel prior to utilizing salary history information to ensure they are compliant with current law. Since the “Reliance Provision” remains intact, employers may still encounter challenges in lawfully utilizing salary history information obtained in the hiring process in employment decisions.
Read more about salary history ban legislation here: