The Philadelphia Wage History Ordinance, scheduled to take effect in May, has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The Ordinance prohibits employers in Philadelphia from inquiring about the wage history of prospective employees. It also includes an anti-retaliation provision, prohibiting employers from taking adverse action against an applicant or employee who does not comply with a wage history inquiry. The Chamber argues that the Ordinance suppresses the free speech rights of employers in violation of the First Amendment to the U.S. Constitution and only “indirectly” addresses the gender wage gap, among other allegations.
