This week, a 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 on behalf of members such as Comcast Corporation, Children’s Hospital of Philadelphia and Drexel University for a preliminary injunction seeking to block the City of Philadelphia’s wage equity ordinance.
The bad news: The judge granted the Chamber’s request for a preliminary injunction regarding a provision that would have prohibited employers from asking a prospective employee their salary history.
The good news: the judge also denied the Chamber’s request for a preliminary injunction regarding the second provision, which prohibits employers from relying on such information while setting salary offer.
“It’s unfortunate that the Chamber of Commerce and these Philadelphia businesses are fighting efforts to narrow the wage gap,” said Terry L. Fromson, managing attorney at the Women’s Law Project and Pennsylvania representative for the nationwide Equal Pay Today! Campaign. “We’re obviously disappointed with the ruling on the inquiry provision but glad the Court upheld the ban on reliance on prior pay.”
In August of 2016, Massachusetts became the first state to enact a law prohibiting employers from seeking or requiring a prospective employee’s wage history.
Philadelphia’s prior wage equal pay ordinance was unanimously passed by Philadelphia City Council in December 2016. It was scheduled to go into effect May 23, 2017, but was stalled when the Chamber filed a motion for preliminary injunction in April 2017 after not participating in public hearings. The Chamber’s initial Complaint was dismissed by the Court because the Chamber did not identify any of its member businesses alleging harm from its implementation.
The Women’s Law Project filed an amici brief in federal court on behalf of itself and 27 organizations supporting Philadelphia’s prior wage legislation.
In a statement to PhillyMag, spokesperson for the City of Philadelphia Mike Dunn said the city is evaluating options for response.
The Women’s Law Project will continue to support the City of Philadelphia and working Philadelphians in the fight for equal pay protections.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing the rights of women and girls.
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