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New Philadelphia Ordinance Prohibits Prospective Employers From Asking Salary History

12/21/2016

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Under a new ordinance passed by Philadelphia City Council this month, job applicants will not have to reveal their salary history.

The amendment to Title IX of the Philadelphia code prohibits prospective employers from inquiring about an applicant’s salary history throughout the hiring process. Councilman Bill Greenlee sponsored the ordinance to narrow the wage gap for women and minorities.

U.S. Census data in 2015 found that women make an average of 79 cents to every dollar earned by men. Minority women fare worse with African-American women making 68 cents, Latina women make 56 cents and Asian women are paid 81 cents for every dollar earned by white men. 
Councilman Greenlee said the new ordinance does not remove negotiation from the hiring process. He notes that employers can compare the job to similar positions to determine salary and review the applicant’s skills and experience.

Philadelphia’s Human Relations Commission would impose a penalty on employers, who violate the ordinance, within 300 calendar days of the alleged infraction. Penalties could include the commission ordering the company to cease and desist the practice; provide injunctive or equitable relief; order payment of compensatory damages and reasonable attorney fees, and order punitive damages payment of up to $2,000 per violation.
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Mayor Jim Kenney has publicly announced his support of the ordinance and has said that he plans to sign it. Once signed, the ordinance will take effect after 120 days.

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