Philadelphia’s Pay Equity Ordinance: When May Employers Request and Consider Salary Information in Light of the Latest Challenge?

On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia for a preliminary injunction seeking to block the City of Philadelphia’s wage equity ordinance.

Philadelphia Goes Beyond Ban the Box

On December 15, 2015, Mayor Michael Nutter signed a bill amending Philadelphia’s “ban the box” law, formally titled the Fair Criminal Records Screening Standards Ordinance, which was enacted in 2011. With these amendments, Philadelphia’s ordinance joins New York City’s Fair Chance Act as one of the most expansive and restrictive ban the box laws in the country. The legislative intent of the ordinance is to mandate that employers consider the whole person and the relation of the offense to the duties of the position sought before making a hiring decision.