Philadelphia Enforces Salary History Ban, Starting Today

In 2017, a law was passed in Philadelphia wherein employers were prohibited from requesting an applicant’s salary history. After three years, as of September 1, this law will finally be put into action. In August, the City of Philadelphia declared that Philly’s Commission on Human Relations (PCHR) would begin the enforcement a month later, as…

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The Right And Wrong Measures Of Diversity and Inclusion

There’s an overall awareness in the working world, now, where discrimination and wage disparity are merely two of the issues coming to light that have affected organizations and their employees for decades. Employers have begun adopting best practices to which they can remedy some of these issues and rectify certain errors that have prevented specific…

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Banning Salary History: One Step Toward Establishing Pay Equity

Anyone who has ever completed a job application remembers the dreaded portion requesting salary history. It was a trap, really, as potential employers were able to contact the former jobs of their applicants and request that history themselves. So even if you desired more money, it was nearly impossible to request that without contractual pushback.…

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The Difficulty in Identifying Comparators for Equal Pay Claims

Pay equity litigation is proceeding apace despite the COVID-19 pandemic, and claimants are raising critical issues pertaining to the Equal Pay Act of 1963 (“EPA”). The EPA requires that an employee claiming gender-based wage discrimination first demonstrate that employees of the opposite sex were paid different wages for substantially equal work. To show that the…

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Salary History Ruled Not a Defense in Equal Pay Case

A recent federal court ruling solidifies the prohibition on employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington from using salary history as an affirmative defense to an equal pay claim. On February 27, 2020, the Ninth Circuit Court of Appeals decided Rizo v. Yovino, a decision prompted by the case of…

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