The City of Philadelphia passed a law that, if implemented, will prohibit employers from asking about a prospective employee’s salary history or benefits. A similar law was passed in New York City.
Under both laws, employers and employment agencies cannot ask about a prospective employee’s wage history, require the disclosure of a prospective employee’s wage history, or condition a prospective employee’s employment or consideration for an interview on the disclosure of wage history.
The laws are, in part, intended to ensure gender pay equity. Asking about a job applicant’s salary and basing salary offering on the answer can serve to perpetuate prior pay inequalities. Women, on average, earn 80% of men for similar jobs.
The Philadelphia law was scheduled to take effect May 23, 2107, but has been blocked from implementation. The New York City law is scheduled to take effect in October 2017.