Philadelphia – New Wage History Legislation

The Philadelphia City Council has passed a city-wide ordinance that prohibits employers from inquiring about or requiring disclosure of an applicant’s wage history during the hiring process. This legislation follows the first state law to ban salary history inquiries, which was passed by Massachusetts in August 2016. The stated purpose of the legislation is to address the gender gap in wages. In addition to the prohibition on verbal and written inquiries and disclosure requirements, the legislation prohibits an employer from relying on an applicant’s wage history in setting wages, unless the applicant “knowingly and willingly disclosed his or her wage history.” An exception to these prohibitions is provided if a federal, state or local law specifically authorizes the disclosure or verification of wage history for employment purposes. The ordinance will take effect 120 days after the Mayor signs the bill, which he has indicated that he will do.