Philadelphia’s Salary History Ban is on hold no longer. A federal judge recently ruled that the salary history inquiry ban violated an employer’s First Amendment right of free speech. However, the judge also ruled that the reliance part of the law could stand. As such, while Philadelphia employers can ask job candidates about their salary histories, they may not rely upon that information to determine their pay.
Employers should consider reviewing their hiring policies in Philadelphia. This case has been very interesting and may set the stage for further challenges across the country.