Civil Litigation,
Labor/Employment,
Civil Rights,
9th U.S. Circuit Court of Appeals
Apr. 10, 2018
En banc 9th Circuit bars prior wage history as justification for pay discrepancies between sexes
Employers may not justify wage differences between men and women because of prior salary history, the 9th U.S. Circuit Court of Appeals has ruled
In one of the last opinions written by the late Judge Stephen Reinhardt, the 9th U.S. Circuit Court of Appeals ruled Monday that employers may not pay women less than men who do commensurate work because of prior salary history.
An en banc panel ruled that a catchall exception in the Equal Pay Act that allows employers to justify pay discrepancies when they are not based on sex does not allow the consideration of an employee's salary...
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