For the last several years, numerous states and local jurisdictions have enacted laws limiting employers’ inquiry into a job candidate’s salary history. Back in 2017, the city of Philadelphia enacted its own law banning employers from inquiring about the salary history of job applicants. But before the law’s effective date, the Chamber of Commerce for Greater Philadelphia filed a lawsuit arguing that the law would violate the free speech rights of businesses. A lower federal court agreed that the law should be stayed while the case was being litigated and blocked the portion of the law preventing employers from inquiring about pay history. However, the portion of the ordinance preventing employers from <em>using </em>the salary information remained in effect.</p><p>A few days ago, the 3rd Circuit Court of Appeals resurrected the salary history ban, which will now prevent Philadelphia employers from asking job applicants about how much they are paid or setting new salaries based on pay history. Employers in Philadelphia must immediately alter their hiring practices and stop asking questions about compensation history on applications, in interviews, and at any stage during the hiring practice. Philadelphia now joins the ranks of at least 17 other states and 20 localities that have enacted some type of law banning inquiries into applicants’ salary histories.
