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Executive Order: 2018-18-03 – Equal Pay for Employees of the Commonwealth

June 06, 2018

Subject: Equal Pay for Employees of the Commonwealth
Number: 2018-18-03
By Direction of: Tom Wolf, Governor
Date: June 6, 2018

WHEREAS, this administration is committed to the promotion of pay equity in its hiring practices; and,

WHEREAS, according to a 2018 report released by Georgetown University’s Center on Education and the Workforce, the gender wage gap results in women earning $1 million less than men do in a lifetime; and,

WHEREAS, nationally, disparity in pay impacts minority and LGBTQ populations, with minority women, particularly Hispanic populations, experiencing the greatest pay disparities; and,

WHEREAS, women in the United States are paid just 80 cents for every dollar paid to men, amounting to an annual wage gap of over $10,000, according to the National Partnership for Women and Families; and,

WHEREAS, the compounding impact of earning less has economic and social consequences for women, minorities, their families and communities; and,

WHEREAS, compensation should be based on position responsibilities and the selected applicant’s knowledge, skills, competencies and experience; and,

WHEREAS, it is the policy of this administration to increase efficiency and achieve cost savings in state government; and

WHEREAS, the hiring practice of asking applicants about their salary histories during the hiring process may perpetuate pay inequity and may result in misalignment between position responsibilities and an applicant’s qualifications.

NOW, THEREFORE, I, Tom Wolf, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution and laws of the Commonwealth of Pennsylvania, do hereby order and direct as follows:

    1. Commonwealth agencies (hereinafter “Agency”) under the Governor’s jurisdiction shall not inquire about a job applicant’s current compensation or compensation history at any stage during the hiring process.
    2. Applicants are not prevented from volunteering information about their current
      compensation level or salary history in negotiating a salary; however, no Agency can request that an applicant disclose current salary or salary history information. In addition, applicants can refuse to disclose current compensation level and/or history without negative repercussions by the Agency in its employment decisions
    3. Agency compensation decisions for positions shall be governed primarily by job responsibilities and the position’s range of compensation as well as the applicant’s knowledge, skills, competencies, experience, compensation requests, or other bona fide factor other than sex, except where compensation is based on:
      • A. a collective bargaining agreement;
      • B. a seniority system;
      • C. a system of merit pay increases;
      • D. a system which measures earnings by quantity or quality of production, sales goals and incentives.
    4. All Commonwealth position postings shall clearly disclose a job position’s pay scale and pay range. The Commonwealth shall disclose on the employment website that the applicant is not required to furnish current compensation or prior compensation at any stage during the hiring process.
    5. The Office of Administration shall oversee implementation of this Order.
    6. Application.
      • A. Nothing in this Executive Order shall be construed to contravene or supersede:
        • i. Any state or federal law or collective bargaining agreement; or
        • ii. Any policy establishing pay scales or ranges for classes of employment.
      • B. This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth of Pennsylvania, its departments, agencies or entities, its officers, employees or agents, or any other person.
    7. Implementation. All Commonwealth agencies under the jurisdiction of the Governor shall take all steps necessary to implement this Executive Order. Independent agencies, state-affiliated entities, and state-related institutions are also strongly encouraged to implement this Executive Order.
    8. This Executive Order shall take effect in 90 days.
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