The City of Philadelphia became the pioneers of a law that bars employers to seek information about an interviewee’s past salaries without the interviewee’s consent. In the law, employers in the private sector are also disallowed from bullying or coercing or punishing interviewees who refuse to disclose their salary history. The bill was assented into law by one Mayor Jim Kenney.
Convinced that such a statutory obligation imposed by the city on the private sector must be in contravention with the Constitution of the United States, some players in the private sector opposed the law in a court of law. The Chamber of Commerce for Greater Philadelphia was at the center of the opposition put up by citing the grounds that the law was unconstitutional.
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However, the Society for Human Resource Management noted that the law was meant to improve working conditions and terms for the laborers of Philadelphia as well as closing the gender wage gap. The law typically includes any party that conducts business directly or indirectly within the city of Philadelphia, even if the correlation is brought by a third party.
The Eastern District of Pennsylvania upheld the law. It reasoned that the Chamber of Commerce for Greater Philadelphia failed to exhibit any party that was disadvantaged by the law and how the law infringed on employer’s First Amendment rights.
About Karl Heideck
Karl Heideck is a Hire Counsel offering his legal services in the greater Philadelphia scene. He is also a blogger who avidly furnishes his readership with vivid descriptions of particular laws and how they may be applied. Karl Heideck has especially specialized in risk management compliance. He attended his law classes at James E. Beasley School of Law at Temple University and earned his degree in law back in 2009. He has practiced both privately and in different capacities at different law firms.
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