Judge Issues Mixed Message On Gender Pay

A federal court judge has ruled that Philadelphia’s ban on employers requiring job candidates to disclose their past salaries violates free-speech guarantees under the First Amendment. The ban was put in place for the purpose of reducing the gender pay gap. The ruling comes in a lawsuit brought against the city by the Philadelphia Chamber of Commerce, and supported by big employers including Comcast and Children’s Hospital of Philadelphia. The court ruled that an employer’s question about salary history was commercial speech, and therefore entitled to less protection than other forms of speech. Nevertheless, Judge Mitchell S. Goldberg concluded that there was no evidence it would achieve its purpose. He did however rule that the city could stop employers from using salary history to set staff pay, if it means they’ll collect less than others with similar work history and responsibilities. According to an attorney, it will be difficult for employers to ask for the information and then prove that there was no discrimination if the employee finds herself underpaid relative to others in her position.