Philadelphia Federal Judge Mitchell S. Goldberg recently held that the portion of the city’s salary history ordinance that prohibits an employer from inquiring about a prospective employee’s wage history is unconstitutional because it violates the First Amendment’s free speech clause. The judge also held that the portion of the law prohibiting employers from relying on wage history to determine a salary did not implicate constitutional concerns. In January 2017, Philadelphia became the first city to adopt a “salary history” ban, which prevent employers from asking about wage history or requiring prospective employers to disclose wage history as a condition of employment.

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