Labor/Employment,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Mar. 10, 2020
9th Circuit again rules prior pay cannot justify pay differentials under the Equal Pay Act
The 9th Circuit again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities between employees of the opposite sex who perform equal work.





Erin M. Connell
Orrick, Herrington & Sutcliffe LLPPhone: (415) 773-5969
Email: econnell@orrick.com
Erin is an employment law partner in the firm's San Francisco office, where she represents employers in high stakes litigation, with a particular focus on equal employment opportunity law, pay equity and systemic discrimination. Erin currently co-chairs the Equal Employment Opportunity Committee of the American Bar Association's Labor and Employment Law Section.
The 9th U.S. Circuit Court of Appeals again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities between employees of the opposite sex who perform equal work. Rizo v. Yovino, 2020 DJDAR 1621 (9th Cir. Feb. 27, 2020). The en banc decision reaches the same result as a previous opinion by the late Ju...
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