As previously reported, the Philadelphia Chamber of Commerce filed a lawsuit challenging the legality of the Philadelphia Ordinance banning employers from inquiring about applicant wage history or relying on wage history to set compensation. On April 30, 2018, the Court held that the Ordinance unlawfully violated free speech rights by banning inquiries into wage history. However, the Court upheld as lawful a secondary provision of the Ordinance that prohibits an employer from relying on the wage history of a prospective employee to determine wages at any stage in the employment process, including the negotiation and drafting of any employment contract, unless the applicant knowingly and willingly disclosed the wage history. The full decision is available here. Requests for reconsideration and further motion practice are anticipated.
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