News & Analysis as of

Gender-Based Pay Discrimination

Dear Byron: Let's Talk About Prior Salary

by Verrill Dana LLP on

[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] - Dear Byron D. Verrill - When I’m interviewing applicants for a new position is it okay for me to ask about prior or...more

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

Massachusetts and the Ninth Circuit: Recent Ban On Using Prior Salary as Basis for Gender Pay Gap

by FordHarrison on

The federal Equal Pay Act already imposes limitations on employers when it comes to compensating employees of the opposite sex for equal work....more

Ninth Circuit Holds "Catchall" Exception to the Equal Pay Act is Limited to "Job-Related" Factors, Excludes Consideration of Prior...

by Littler on

In Rizo v. Yovino, the U.S. Court of Appeals for the Ninth Circuit recently examined whether an employer can justify a wage differential between male and female employees by relying on prior salary. ...more

The Ninth Circuit Flip-Flops on the Equal Pay Act, Butting Heads with the Seventh Circuit

by Polsinelli on

On April 9, the Ninth Circuit Court of Appeals issued its decision in Rizo v. Yovino, which held that salary history may not be used by an employer as a factor when defending gender disparities in initial wages, whether...more

Ninth Circuit Finds That Employers May Not Use Salary History to Justify Differences in Pay

by Pepper Hamilton LLP on

Despite the Equal Pay Act being enacted more than 50 years ago, women still earn only 80 percent of what men earn for equivalent jobs. This pay disparity is perpetuated when a woman is paid less than her male co-worker...more

En Banc 9th Circuit Rules Unequal Pay Cannot be Justified by Salary History

by Weiner Brodsky Kider PC on

The Ninth Circuit, sitting en banc, recently held that an employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the statutory “catchall” exception set forth in...more

The Dust Has Settled on the Gender Pay Gap Disclosures and What Have We Learnt? – UK Employment Law Update

1. Mandatory reporting under the methodology required by the government indicates some large pay gaps. What does that mean? As of 17 April 2018, 10,364 employers had published their gender pay gap figures....more

New Jersey Legislature Passes New Pay Equity Bill

The New Jersey state legislature has passed a new pay equity law which will, among other things, make it an unlawful employment practice to pay employees of any protected class under the New Jersey Law Against Discrimination...more

Proposed Bill Would Nix Pay Q’s

by Sherman & Howard L.L.C. on

A bill introduced last week in the Colorado House of Representatives would make it an unfair employment practice under Colorado’s Antidiscrimination Act (CADA) for an employer to seek earnings history for job applicants....more

NY Governor Wants Employers to Say No to Salary History

by Fisher Phillips on

On April 10, 2018, Equal Pay Day, New York Governor Andrew Cuomo unveiled proposed legislation banning all employers in New York from asking job applicants about their salary history. The legislation is aimed at closing the...more

New Pay Equity Law In Washington State

by Littler on

Washington State has joined the ranks of jurisdictions that have adopted expanded equal pay legislation. The Equal Pay Opportunity Act (EPOA) was signed into law on March 21, 2018, and will take effect on June 7, 2018....more

En Banc Ninth Circuit Throws In Its Two Cents Regarding Use of Prior Salary Information To Justify Pay Differentials

Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more

Employers Cannot Pay Women Less Than Men Based on Salary History, Ninth Circuit Rules

by Locke Lord LLP on

The U.S. Ninth Circuit Court of Appeals has issued an opinion this week that will not only impact how courts nationwide evaluate pay discrimination claims, but also may require employers to re-evaluate their hiring and...more

NYC Lawmakers Aim To Curb Sexual Harassment With Sweeping Legislation

by Fisher Phillips on

On the heels of the #MeToo and #TimesUp movements, the New York City Council passed a slate of legislation earlier this week aimed at preventing sexual harassment in the workplace. Entitled the “Stop Sexual Harassment in NYC...more

Prior Salary No Longer A Defense To Equal Pay Claims?

by Fox Rothschild LLP on

This week, the 9th Circuit issued a decision that many say represents a sea change in how employers may defend against Equal Pay Claims. The decision in Rizo v. Yovino issued on April 9, 2018 overturned decades of...more

Ninth Circuit Holds Prior Salary Information Does not Justify Pay Disparities Under Equal Pay Act

by Stinson Leonard Street on

States and localities increasingly banning salary history inquiries - The latest development in the law surrounding use of employee and applicant salary history data provides further reason for employers to reconsider the...more

Double Take: NJ Governor Poised To Enact Equal Pay Act On Equal Pay Day

by Jackson Lewis P.C. on

On April 24, 2018, National Equal Pay Day, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping...more

Is Use Of Salary History Inherently Discriminatory?

One court says yes, but it's complicated. How quickly things change. Last week, I was all mellow about the gender pay gap. Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v....more

Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

by Davis Wright Tremaine LLP on

In an important decision, the Ninth Circuit overturned its long-standing precedent to rule that prior salary, whether alone or in combination with other factors, is no longer a defense to a claim of pay discrimination under...more

Employers May Not Use Pay History as Defense to Equal Pay Act Claims

by McGuireWoods LLP on

Earlier this week, just one day before Equal Pay Day, the 9th Circuit issued an en banc opinion in Rizo v. Yovino, holding that a prospective employee’s pay history cannot justify a wage disparity as a “factor other than sex”...more

Bill Would Require Race And Gender Pay Equity Reports

by Allen Matkins on

In March, I wrote about AB 2571 which would have prohibited public pension fund investments in alternative investment vehicles that lacked race and gender pay equity policies. Yesterday, the bill was amended to require...more

Salary History Cannot Justify Unequal Pay Between Men and Women, According to Ninth Circuit

by Holland & Hart LLP on

The Ninth Circuit Court of Appeals ruled this week that an employer cannot justify a pay difference between male and female employees performing equal work based on prior salary. Rizo v. Yovino. This is a significant decision...more

Massachusetts Attorney General Issues Guidance on Pay Equity Law

Back in July 2016, the Massachusetts legislature passed an Act to Establish Pay Equity (Mass. Gen. Laws c. 149 § 105A, referenced herein as the “Law”), which amends the Massachusetts Equal Pay Act (“MEPA”) and serves to...more

9th Circuit Rules That Employers Cannot Rely on Applicant’s Prior Salary to Justify Wage Disparities under the Equal Pay Act

• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act. • The 9th Circuit ruling does not address whether...more

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