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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 LLP

Phone: (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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