Pennsylvania Pay Equity

• Equal Pay Law, Pa. Stat. Ann. Title 43 § 336.1 et seq.
• Pennsylvania Human Relations Act, Pa. Stat. Ann. Title 43 § 951 et seq.
• Equal Pay for Employees of the Commonwealth, Executive Order 2018-03

• Sex, race, color, religious creed, ancestry, age, national origin, non-job related handicap or disability, the use of a guide or support animal because of the blindness, deafness or physical handicap

• “No employer having employes subject to any provisions of this section shall discriminate, within any establishment in which such employes are employed, between employes on the basis of sex by paying wages to employes in such establishment at a rate less than the rate at which he pays wages to employes of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions[.]”
• It is an unlawful discriminatory practice for “any employer because of the race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability or the use of a guide or support animal because of the blindness, deafness or physical handicap of any individual or independent contractor, to . . . discriminate against such individual or independent contractor with respect to compensation . . . if the individual or independent contractor is the best able and most competent to perform the services required.”

• Seniority system
• Merit system
• System which measures earnings by quantity or quality of production or sales
• A differential based on any factor
• Operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement
• Operation of the terms or conditions of any bona fide group or employe insurance plan
• Age limitations placed upon entry into bona fide apprenticeship programs of two years or more approved by the State Apprenticeship and Training Council of the Department of Labor and Industry

• It is unlawful for state agencies to request salary history.
• Pittsburgh prohibits the city from asking about a job applicant's salary history and relying on wage history in the employment process, unless the applicant volunteered the information.
• Philadelphia employers are prohibited from inquiring about a prospective employee's wage history, requiring disclosure of wage history, conditioning employment or consideration for an interview on disclosure of wage history, retaliating against a prospective employee for failing to comply with any wage history inquiry, and relying on wage history in determining a prospective employee's wages unless "knowingly and willingly" disclosed.

• Prohibits retaliation 

Wage Disclosure Requirements (Public Employers)

• All job postings by state agencies must clearly disclose a position’s pay scale and pay range.

Other Key Provisions