PRLA Spring 2017

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Spring 2017 • PENNSYLVANIA RESTAURANT & LODGING matters • 25
The ordinance faces challenges at the state
level, as well. On February 8, 2017, the
Pennsylvania Senate passed Senate Bill 241,
which prohibits discrimination in pay based
upon gender, retaliation for filing complaints
about wage discrimination, and policies that
prohibit employees from discussing their
salaries. Interestingly, Bill No. 241 included
an eleventh-hour amendment that states
that any local ordinance or rule concerning
the subject matter of the act—prohibiting
discrimination in wage rates because of
sex—will be preempted and superseded
by the state law. In other words, it not only
specifically will override the Philadelphia
ordinance (with no replacement) if enacted,
but also will prevent any other locality from
enacting similar legislation.
The ordinance is supposed to take
effect on May 23, 2017, although its
fate, in light of the current and potential
challenges, is unclear. Accordingly,
employers who employ individuals in
Philadelphia should consider modifying
their application process to prevent inquiry
into or consideration of wage history.
Additionally, to ensure that an employer can
appropriately consider an applicant’s wage
expectations (independent of history) and
to protect against claims if an applicant
willingly discloses wage history, it is highly
recommended that employers provide
all applicants with a written disclosure
of the applicant’s rights under the Fair
Practices Ordinance. Finally, to ensure
continued compliance, employers both
inside Philadelphia and across the state
should closely monitor the progress of this
ordinance and its challenges, the state
legislation, and the future state or local
legislation that is likely to follow.
If you have any questions concerning this or other
legal issues, please contact Erin R. Kawa (717-
909-1624 or ) at
Shumaker Williams, P.C., PRLA’s General Counsel.
...employers who
employ individuals in
Philadelphia should
consider modifying their
application process
to prevent inquiry
into or consideration
of wage history.