Comcast, the cable giant who happens to have their headquarters right in the City of Brotherly Love, is not a fan of the proposed wage history bill currently being on the desk of Mayor Jim Kenney. The bill, if passed, would become to first citywide law in the nation blocking prospective employers from inquiring about applicants’ past wage history. In theory, the bill would prevent wage discrimination as faced by women and minorities. Comcast has been the loudest opponent of the bill, and recently sent the city a memo (made public by the Philadelphia Inquirer) that threatens a lawsuit unless Kenney vetoes the bill.
Attorney Miguel Estrada penned the memo, which claimed that a wage history law would violate Comcast’s (and other employers’) First Amendment rights to ask employees about their wage history as a means of determining a fair salary at their new position. The memo went on to claim that the city had no proof that the proposed law would actually lower wage discrimination. If Kenney doesn’t hack the bill, Estrada warned, the city should ready itself for an expensive legal affair: “While my client and others in the business community who are considering a legal challenge do not want to appear confrontational in any way, it is important to note that a successful challenge … could make the City liable for a substantial award of attorney’s fees.”
The Inquirer spoke with David Cohen, a senior vice president at Comcast. Cohen claims that Comcast is not alone in feeling negatively about the wage history bill: even Greater Philadelphia Chamber of Commerce Chief Executive Rob Wonderling opposes it. According to Cohen, city businesses view the bill as just one more interference into their operations by an over-controlling City Hall. For his part, Cohen says that it only makes sense for employers to ask about applicants’ wage history: “When I was hired, how was [Comcast CEO] Brian Roberts going to figure out what to pay me?” Cohen said. “It’s not like my job existed. It’s not like there is a salary scale or a standard compensation package for an executive vice president with that portfolio of responsibilities. A critical data point in that negotiation was what was I making.”