September 23, 2021

Volume XI, Number 266

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Philadelphia Employers Alert: Wage Equity Ordinance Will Be Enforced Starting September 1

On September 1, 2020, the Philadelphia Commission on Human Relations will begin enforcing a previously-enjoined provision of the city’s Wage Equity Ordinance, which addresses the disparity in the pay of women and minorities.

The previously-enjoined provision of the ordinance, known as the “Inquiry Provision,” prohibits employers from asking about a job applicant or employee’s wage history or using that information to set an employee’s wages. This provision of the ordinance had been blocked by a federal district court, which held that the provision likely violated employers’ rights to free speech, and thus ran afoul of the First Amendment to the U.S. Constitution. However, on February 6, 2020, the U.S. Court of Appeals for the Third Circuit vacated the district court’s order, breathing new life into the salary history ban.  Employers remain free to ask applicants other questions, such as job qualifications, work history, and skills.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 231
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About this Author

Jacqueline Barrett, Ogletree Deakins Law Firm, Philadelphia, Labor and Employment Attorney
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Ms. Barrett represents employers in a broad spectrum of employment-related matters including wage and hour disputes, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pennsylvania Human Relations Act, the Family and Medical Leave Act, as well as many other federal and state employment laws.  She also focuses on matters relating to wrongful discharge, breach of contract, restrictive covenants, and labor disputes.  Ms. Barrett practices before state and federal courts, as well as before the Equal...

215-995-2820
Jessica M. Bocchinfuso employment lawyer Ogletree Deakins
Associate

Jessica M. Bocchinfuso is an Associate in the firm’s Philadelphia office.  Ms. Bocchinfuso represents employers in a wide range of labor and employment matters, including litigation involving allegations of discrimination, harassment, retaliation, and wage and hour issues in state and federal court, arbitrations, and before administrative agencies.

Ms. Bocchinfuso has significant experience defending employers in claims brought under Title VII, Section 1981, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the...

215 995 2835
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