Salary History Ban in Pennsylvania: What Employers Can Ask

Federal law, including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Equal Pay Act of 1963 (29 U.S.C. § 206), and the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), does not prohibit employers from inquiring about salary history. The Equal Employment Opportunity Commission (EEOC) has issued guidance that salary history inquiries can perpetuate pay discrimination, particularly for women and minorities, but no federal statute explicitly bans the practice. Some federal contractors covered under Executive Order 11246 may face additional restrictions based on their contracts.

Federal law instead focuses on equal pay for equal work and prohibits pay discrimination based on protected characteristics such as race, color, religion, sex, or national origin. The Lilly Ledbetter Fair Pay Act of 2009 (42 U.S.C. § 2000e-5) extends the statute of limitations for filing equal-pay discrimination claims. Enforcement occurs through the EEOC and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The lack of a federal salary history ban means that nationwide, employers can inquire about prior compensation unless a state or local law restricts the practice.

Pennsylvania has no statewide statute prohibiting employers from asking about salary history. The Pennsylvania Human Relations Act (PHRA), codified in Title 43 of the Pennsylvania Consolidated Statutes, addresses discrimination based on protected classes but does not restrict salary history inquiries at the state level. This means employers throughout most of Pennsylvania—outside Philadelphia and Pittsburgh—may legally ask applicants and employees about their prior compensation.

However, Pennsylvania residents in Philadelphia and Pittsburgh benefit from stronger protections than the state provides. Philadelphia enacted Ordinance 9.3121 in 2019, which prohibits employers doing business in Philadelphia from inquiring about salary history for positions located within the city. The ordinance applies broadly to employers with at least one employee in Philadelphia and extends to city contractors. Pittsburgh followed with Ordinance 654.02 in 2019, imposing a similar ban on salary history inquiries for positions in Pittsburgh. These local ordinances are stronger than state law and create exceptions to Pennsylvania's at-will employment default.

Unlike states such as California, New York, and Massachusetts that enacted statewide salary history bans, Pennsylvania declined to pass comprehensive state legislation. The distinction is significant: in Philadelphia and Pittsburgh, employers violate local law by asking about prior pay, while in the remainder of Pennsylvania, no such restriction exists. Employees in Philadelphia and Pittsburgh can refuse to disclose salary history without legal consequence, whereas employees elsewhere in Pennsylvania have no statutory protection against such inquiries. Remedies under Philadelphia and Pittsburgh ordinances include back pay, front pay, attorney's fees, and civil penalties.

Pennsylvania's lack of a statewide salary history ban creates broad exceptions to protection. Employers in rural Pennsylvania, suburbs, and all areas outside Philadelphia and Pittsburgh may lawfully inquire about prior compensation. The PHRA's prohibition on discrimination based on race, color, religion, sex, or national origin does not extend to salary history inquiries themselves, only to the use of such information to discriminate based on protected characteristics.

Even in Philadelphia and Pittsburgh, exceptions exist. Employers may inquire about salary history if the applicant or employee voluntarily discloses it. Employers can also ask about current salary, expected salary, or salary expectations without violating local ordinances—only prior compensation history is restricted. Employers in Philadelphia and Pittsburgh may also obtain salary information from public records, prior employers (if offered by the applicant), or other publicly available sources without direct inquiry.

Additionally, the local ordinances contain narrow exceptions for certain employment categories. Government agencies, non-profits subject to specific federal or state funding restrictions, and positions exempt under collective bargaining agreements may face different standards. Independent contractors and temporary workers may also fall outside the scope of some local protections. Employers may also defend against alleged violations by demonstrating that the inquiry was not the basis for a hiring or compensation decision, though this defense has limited practical application. At-will employment remains the default in Pennsylvania, meaning employers can generally decline to hire or terminate employees for any reason not prohibited by law, including refusal to disclose salary history in non-ban jurisdictions.

Step 1: Document the violation. If an employer asks about your salary history in Philadelphia or Pittsburgh, note the date, time, location, who asked (name and title), the exact question posed, and any witnesses present. Keep copies of job postings, emails, application forms, and interview notes that show the prohibited inquiry. Save any responses you gave, whether you disclosed or refused to disclose your salary history. Documentation establishes a clear record for investigation and complaint.

Step 2: Consider an internal complaint process. Before filing a formal complaint, notify your employer's human resources department or management if you feel comfortable doing so. Explain that the salary history inquiry violates Philadelphia Ordinance 9.3121 or Pittsburgh Ordinance 654.02. Request a written response confirming the violation and any corrective action. This step is optional but may resolve the issue quickly. Document your internal complaint in writing via email so you have proof of the date and content. If the employer retaliates or takes no action, this internal complaint strengthens your case.

Step 3: File a complaint with the appropriate city agency. In Philadelphia, file with the Philadelphia Commission on Human Relations (PCHR) at 1307 Cherry Street, Suite 2000, Philadelphia, PA 19107, or online at pchr.phila.gov. In Pittsburgh, file with the Pittsburgh Department of Civil Rights at 200 Ross Street, Pittsburgh, PA 15219, or call 412-255-2140. Include your name, contact information, the employer's name and address, the date(s) of the violation, a detailed description of the salary history inquiry, the position applied for or held, and names of witnesses. Provide copies of all supporting documentation. File within a reasonable timeframe, though these ordinances do not specify a strict statute of limitations—file as soon as possible to preserve evidence and witness recollection. Federal filing deadlines do not apply to local ordinances.

Step 4: Await the city agency investigation. After filing, the PCHR in Philadelphia or Pittsburgh's Department of Civil Rights will conduct a fact-finding investigation. This typically takes 60 to 180 days. The agency will contact the employer for a statement and may interview you, the employer, and witnesses. You will be asked to provide additional evidence or clarification. The agency will issue a determination of whether a violation occurred. If a violation is found, the agency will attempt to reach a settlement agreement requiring the employer to cease the practice, implement training, and potentially pay damages.

Step 5: Consult an employment attorney if needed. If the city agency dismisses your complaint or the employer refuses to comply with a violation finding, contact an employment attorney licensed in Pennsylvania. An attorney can evaluate whether the agency's decision was appropriate, negotiate directly with the employer, or file a civil lawsuit in Philadelphia Common Pleas Court or Pittsburgh Court of Common Pleas. Focus on attorneys specializing in employment discrimination and wage-and-hour law. Many offer free initial consultations. Request contingency fee arrangements so you pay only if you recover damages. An attorney will advise whether damages include back pay, front pay, and attorney's fees under the ordinance.