When you apply for a job, you may go through several rounds of interviews, only to find out that the pay is significantly lower than what you expected. This can be an extremely frustrating waste of time and energy. Knowing the expected pay range can help you decide whether a job is worth pursuing and can put you in a stronger position when negotiating an offer. While other states have pay transparency laws in place that require employers to provide some form of pay information to applicants, Pennsylvania does not currently have a statewide law requiring employers to include salary ranges in job postings. If you have questions about pay transparency, or you want to know what steps to take if an employer refuses to disclose a salary range, do not hesitate to contact an experienced Philadelphia employment lawyer.
What Pay Transparency Laws Require
“Pay transparency” laws generally require employers to provide job applicants clear information about compensation. The exact requirements depend on the state or city where the job is located. The following are examples of common requirements employers should generally follow:
- Salary or pay ranges in job posting. Some laws require employers to list a good-faith minimum and maximum salary range or hourly rate when advertising a position.
- Disclosure of benefits or other compensation. Certain laws require employers to provide information about benefits, bonuses, commissions, or other forms of compensation along with the pay range.
- Pay information during the hiring process. Some jurisdictions require employers to provide the compensation range when an applicant asks or before making an offer.
- Internal pay transparency. Some laws require employers to provide current employees with pay information when they are promoted, transferred, or assigned to a new position.
- Limits on salary-history questions. Some pay-transparency laws also restrict employers from asking applicants what they earned at a previous job.
- Good-faith pay ranges. Where a salary range is required, employers generally may not simply post an unrealistically broad or misleading range. The salary range is expected to reflect what the employer genuinely expects to pay.
Where Pennsylvania and Philadelphia Stand in 2026
As of 2026, Pennsylvania does not have a broad statewide requirement that private employers include a salary range in every job advertisement. However, lawmakers have considered legislation that would expand pay transparency protections. For example, Pennsylvania House Bill 630 proposed changes to the state’s Equal Pay Law, which would require employers to include expected compensation or a compensation range in publicly advertised positions. They would also be required to provide that information to prospective employees upon request. The proposal also addressed the use of salary history in setting compensation.
There are additional protections in place for Philadelphia job seekers. Philadelphia’s Wage Equity Ordinance restricts employers from asking applicants about their salary history, and from relying on salary history when determining compensation. The ordinance was challenged in court, but the U.S. Court of Appeals for the Third Circuit upheld both protections in 2020. Employers may ask about an applicant’s salary expectations and whether the proposed salary is acceptable. This is different from asking the employee how much they made at their previous job.
Individuals applying for government jobs in Pennsylvania have more specific pay transparency protections. The Pennsylvania Executive Order 2018-03 required all covered Commonwealth agencies to disclose the pay scale and pay range for all job postings. In addition, applicants are not required to provide current or previous compensation information during the hiring process.
How Transparency Interacts With the Salary History Ban
Pay transparency and salary history bans are both designed to work together to eliminate historical pay disparities, including those that affect women and minorities, and focus on education, skills, and experience. The following are examples of how these two policies interact and reinforce one another:
- Shifting the focus from “past pay” to “job value”
– The Ban’s Role: Salary history bans, like Philadelphia’s Wage Equity Ordinance, prohibit employers from asking about, requiring, or relying on a candidate’s prior compensation history during the application and hiring process.
– The interaction: Without a salary history anchor, employers cannot lowball candidates based on historical underpayment. Instead, hiring decisions and pay offers must be anchored entirely to the objective value of the role, market rates, and the candidate’s skills and experience. - Replacing secrecy with upfront expectations
– The Gap in Pennsylvania: While Pennsylvania lacks a statewide mandatory pay transparency law requiring salary ranges in every job posting, the existence of salary history bans changes how salary expectations are discussed.
– Permitted discussions: Employers cannot ask what you used to make, but they are allowed to ask about your salary expectations for the new role.
– The transparency bridge: Because candidates cannot be cross-examined about past pay, negotiations rely more heavily on what the employer is willing to pay. Many employers voluntarily adopt pay transparency practices to attract talent, knowing that candidates enter the market protected from disclosing past earnings. - Preventing the perpetuation of wage gaps
– Systemic impact: Historically, if a worker was underpaid early in their career, that lower baseline followed them from job to job.
– Combined effect: Salary history bans break this cycle by cutting off the historical data point. When paired with transparency principles, employers are pushed to evaluate compensation equitably across demographics, reducing historical pay disparities. - Compliance and operational challenges for employers
– Inadvertent disclosure handling: If a candidate voluntarily blurts out their past salary, Pennsylvania-local ordinances dictate that employers cannot rely on that information to determine their offer. Employers must maintain strict protocols to isolate or discard inadvertent salary history data.
– Multi-state consistency: Because Pennsylvania’s framework relies heavily on local rules rather than a uniform statewide statute, many employers operating across state lines choose to follow the strictest standards, disclosing pay ranges proactively and enforcing strict “no-salary-history” policies statewide to eliminate compliance errors.
Using Pay Data to Spot Wage Discrimination
Employees in Pennsylvania can use pay data as a valuable tool to identify possible wage discrimination. Ultimately, the goal is to look for patterns in pay that cannot be reasonably explained by legitimate factors like experience, seniority, performance, or a non-discriminatory pay system:
- Compare your pay with employees doing similar work. Pennsylvania Equal Pay Law prohibits employers from paying employees of one sex less than employees of the opposite sex for doing equal work requiring equal skill, effort, and responsibility.
- Look beyond one co-worker. One pay difference does not necessarily prove discrimination. Look for consistent patterns, including:
– Men in comparable positions consistently earning more than women
– White employees earning higher starting salaries than minority employees
– Older employees are routinely passed over for raises - Track your own pay over time. Keep copies of documents showing how your compensation has changed. Useful information may include:
– Pay stubs
– Employment contracts
– Performance reviews
– Promotion records
– Job descriptions
– Raise notices - Compare qualifications and job responsibilities. Pay data is particularly useful when you can make a direct comparison. For example, if you earn $60,000 and a co-worker earns $75,000, ask the following questions:
– Do you have similar duties?
– Do you have similar experience?
– Do you have comparable performance records?
– Do you have similar seniority?
– Do you have similar education and training? - Document explanations the employer provides. Write down the explanation your employer provides and compare it with the available facts.
- Look for retaliation. If your employer retaliated against you for raising concerns about unequal pay, keep detailed records of the retaliatory behavior, including reduced hours, being passed over for a promotion, reduced pay, or termination.
- Contact an employment lawyer. An experienced employment lawyer can analyze the data, determine whether the evidence supports your claim, and pursue the financial compensation you deserve.
Frequently Asked Questions (FAQs):
How does pay transparency help prevent wage discrimination?
Salary information can make unfair pay differences easier to spot. For example, if employees doing substantially similar work discover that they are being paid differently based on sex, race, disability, age, or another protected characteristic, the information may raise questions about possible discrimination.
What should I do if I believe I am being paid unfairly in Pennsylvania?
Start by keeping records of your job duties, pay, raises, bonuses, performance reviews, and relevant communications. If possible, gather information about comparable positions and employees without violating workplace rules or accessing information you are not authorized to see. You may also consider speaking with an employment lawyer about your rights and possible next steps.
Can a Pennsylvania employment lawyer help with a pay transparency or wage discrimination issue?
Yes. An employment lawyer can review your compensation, workplace policies, and available pay information to determine whether you may have a legal claim. A lawyer can also explain which federal, state, or local laws may apply and help you understand your options for addressing a possible pay discrimination or retaliation claim.
Our Experienced Philadelphia Employment Lawyers at The Gold Law Firm P.C. Assist Clients With Pay Transparency Claims
If you believe you are not being compensated fairly by your employer, do not hesitate to contact our Philadelphia employment lawyers at The Gold Law Firm P.C. We will investigate the details of your case, determine whether your employer has violated your rights, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, we proudly serve clients in the surrounding areas. *NYC, Pennsauken, and Malvern offices are by appointment only.
