Philadelphia to Prohibit Employers’ Use of Salary History in May 2017

The City of Philadelphia, PA passed a law (Bill# 160840) amending the Philadelphia general Code, Title 9 which prohibits employers from seeking for, or asking from job applicants, their wage history. The mayor of Philadelphia signed the law on 01/23/17 and it will be effective in 120 days.

The law makes the following an unlawful practice:

1) 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.

2) 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.

This law will require a review of the hiring process in place, including any documentation or forms that all applicants must complete, and may require changes to that process.

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law. The complete text of the legislation can be found here:

https://phila.legistar.com/View.ashx?M=F&ID=4807621&GUID=4879E82B-7023-4B83-8FD6-2FC2B4FF0EBC

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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