Philadelphia Pay Equity Ordinance Stayed . . . Temporarily
Authors: L. Evan Van Gorder (Philadelphia), Paul Lancaster Adams (Philadelphia)
Published Date: April 21, 2017
On April 6, 2017, the Chamber of Commerce for Greater Philadelphia filed suit in the United States District Court for the Eastern District of Pennsylvania, seeking to block Philadelphia’s recently-enacted wage equity ordinance. The ordinance, which prohibits employers from inquiring about prospective employees’ wage histories, was set to go into effect on May 23, 2017. On April 19, 2017, however, Judge Mitchell S. Goldberg issued an order temporarily staying the May 23 effective date pending resolution of the chamber’s motion for preliminary injunction. Judge Goldberg further ordered the parties to address whether the chamber has standing to bring suit.
The City of Philadelphia has until May 1, 2017, to file a brief addressing the standing issue. The chamber will then be given the opportunity to rebut the city’s arguments by May 12, 2017. Following the resolution of the standing issue, Judge Goldberg will set a briefing schedule to resolve the chamber’s motion for preliminary injunction. Given these case deadlines, the ordinance will almost certainly not go into effect on May 23, 2017, as planned. Nevertheless, employers may still want to take this opportunity to review their hiring practices.
L. Evan Van Gorder represents corporations in employment-related and complex commercial matters, including litigation involving discrimination, wage and hour, wrongful discharge and other claims in state and federal courts and administrative agencies. His employment litigation experience includes enforcement of non-competition and non-solicitation agreements, defending discrimination claims through trial, and handling administrative claims before the EEOC and state fair employment practice...
Paul is a nationally recognized labor and employment lawyer. With a strong in-house and outside counsel background, he brings a unique and practical perspective to issues critical to the modern workplace through counseling, negotiation and litigation. Paul represents employers as lead counsel in federal and state court employment litigation, class and collective actions, labor arbitrations and administrative proceedings. He has successfully tried to verdict over 25 matters in federal and state...