The issue of employers asking potential employees for their salary history has been an ongoing source of contention for many states. Not so anymore for Philadelphia, whose Mayor Jim Kinney, signed a bill formally forbidding employers from this practice. There was strong opposition before its passing with Comcast threatening a lawsuit for infringement of their First Amendment Rights and the Chamber of Commerce challenging the bill in court asserting the new legislation was unconstitutional. The Chamber of Commerce took it a step further requesting a preliminary injunction but failed to follow up. They however, were given leeway by the Court to revise the complaint.
The reason for this law is to equalize the pay earned by men and women. Legislators’ goal was to stop employers from seeking information about potential employees’ salary history without their consent. The law states they are prohibited from inquiring about this information or using divulgence of it as a precursor to an offer. They also cannot penalize a candidate for nondisclosure. It’s anticipated this law will affect many persons outside of the Philadelphia area. A single breach could incur a $2,000 fine.
Companies will now have to review their hiring and training procedures and make any necessary revisions to comply with the law. There are those of course that will still find ways to go around it by doing things such as web searches of job candidates to get information.
As a compliance specialist, Karl Heideck is a contract attorney that has knowledge and experience in this area of law. He represents businesses in the Philadelphia area and individuals as well. Karl Heideck is a graduate of Swarthmore College and received a Juris Doctor with honors at Temple University’s James E. Beasley School of Law. He’s been practicing in the Philadelphia area since 2010 and has experience in many areas of law including civil litigation, mediation, and intellectual property law.
Karl Heideck was previously employed at Pepper Hamilton LLP as a project attorney and Conrad O’Brien as an associate. Karl Heideck offers an array of services including compliance consulting, product liability, commercial litigation and employment proceedings. He also maintains a blog and is dedicated to keeping his fellow Pennsylvanians up to date on current legal developments and news.