At the end of July, Philadelphia officials announced that the city’s salary history ban will go into effect on September 1st.
In 2017, Philadelphia became the first city in the nation to pass such legislation. However, it was held up in court until February 2020.
The ban prevents employers in the city from asking candidates about past salaries. It also forbids employers who learn of a candidate’s past salary from using this information to set compensation.
The ban extends to any position that is located within Philadelphia, regardless of where the business is headquartered or where the interview takes place.
Employers that are found to be in violation of the ordinance can be on the hook for compensatory damages, punitive damages, and attorneys’ fees.
StraightforWARD Legal Advice:
So, what should employers do?
- Mum’s the Word: When it comes to asking potential employees about their salary history, remain as tight-lipped as Ben Franklin’s face on the 100 hundred dollar bill.
- Get Some Whiteout: Per the ordinance, employment applications are not permitted to contain questions about salary history, even if there is a disclaimer that applicants should not answer salary history questions.
- Ask Google (or Bing, or Jeeves, or Alexa): There is a cornucopia of online resources that employers can use to set salaries without asking candidates for their salary history.
- Learn Their Lines: The Philadelphia Commission on Human Relations released a handy dandy FAQ form. The form includes suggested questions for employers to ask candidates. The lines are pure Shakespeare:
- “How much would you like to be paid for the job that you applied for?”
- “This job pays $ ___ per hour. Is that acceptable to you?”
If you have any questions regarding how to conduct interviews and navigate the hiring process without violating new salary ban laws, employers should contact Jennifer Ward at 215-647-6601 or firstname.lastname@example.org.