Labor/Employment
May 10, 2017
Is past salary a factor other than sex?
The 9th Circuit said yes in a decision last month. The ruling highlights the growing differences between federal and California pay equity laws. By Emily Burkhardt Vicente and Andrew Quigley
Emily Burkhardt Vicente
Partner
Hunton, Andrews & Kurth LLP
Email: ebvicente@huntonak.com
Emily is co-chair of the firm's Labor and Employment group.
If an employer's policy is to pay every new hire 5 percent more than that employee was earning at his or her prior job, is that employer lawfully setting salaries based on a "factor other than sex," or is the employer perpetuating existing pay disparities between men and women? Like many legal questions, the answer depends on who you ask.
According to the 9th U.S. Circuit Cour...
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