Law Prohibits Asking Potential Employees About Previous Wage Earnings

Following Massachusetts, Philadelphia makes it illegal for employers to ask prospective employees about their salary history. Violators will be fined $2,000 plus damages.
Published: January 27, 2017

If this is a new trend, integrators will need to be aware when hiring their next technician or salesperson. A new law in the City of Philadelphia prohibits employers from asking job applicants about how much money they previously earned.

The Philadelphia legislature follows only a few months after the state of Massachusetts passed a similar law in August 2016. 

According to philly.com, the new Wage Equity Law was signed by the city's mayor, Jim Kenney. The aim of the law is to reduce the gap in wages between genders. It is due to become law on May 23. 

According to the website, Philadelphia-based Comcast Corp. and other business leaders have warned that they intend to challenge the new law in court, citing it as a violation of First Amendment freedom of speech laws. 

Mayor Kenney said in a statement, “The Law Department has thoroughly reviewed the legal concerns raised by the business community, and is confident that the law would withstand a challenge and the city would prevail.”

The law makes it illegal for employers to ask about previous salaries or to retaliate against a prospective employee for refusing to answer. 

Applicants who think the law has been broken can file a complaint within 300 days with the city's Commission on Human Relations, which would have the ability to fine employers $2,000 and order them to pay other damages, including the applicant's legal fees.

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