NWLC joined an amicus brief led by the Women’s Law Project urging the Court to reverse the lower court’s decision that, in sum, continued to allow employer inquiries as to salary history, even if they were no longer allowed to rely on such information in setting salary.
By prohibiting employers from relying on an applicant’s prior pay to determine her compensation, the ordinance targets a common employer practice that perpetuates discriminatory pay based on the erroneous presumption that prior pay accurately reflects the skills and experience of an applicant, untainted by discrimination. To make this Reliance Provision meaningful, the ordinance includes an Inquiry Provision, as substantial research indicates that employers use information about past wages—which themselves reflect discrimination — as an “anchor” upon which to set new hires’ salaries, thus perpetuating discriminatory pay and contributing to the wage gap.
The amici argued that the District Court erred by rejecting Philadelphia’s reasonable inferences based on solid evidence that establish how the Inquiry Provision directly advances the City’s substantial interest in addressing discriminatory pay gaps. Thus, amici respectfully request that this Court reverse the District Court’s decision on the Inquiry Provision and affirm the decision on the Reliance Provision.