The Chamber of Commerce of Greater Philadelphia brought a lawsuit against Philadephia for an ordinance that banned employers from inquiring about a job-seeker’s salary history, stating that it was 'bad for business.' The ordinance has two parts - "it prohibits an employer from inquiring about a prospective employee’s wage history (“the Inquiry Provision”); and second, it makes it illegal for an employer to rely on wage history “at any stage in the employment process” to determine a salary for an employee (“the Reliance Provision”)." Philadelphia approved the ordinance in January to take effect this May. However, U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania ruled that the "inquiry provision" specifically violated the First Amendment's free speech clause. “Although the ordinance represents a significant positive attempt to address the wage gap, the First Amendment compels me to enjoin implementation of the inquiry provision." Will this chill efforts in other states and cities that have been passing similar ordinances?
The United States Court of Appeals for the Seventh Circuit ruled that a Chicago ordinance did not violate the First […]