News & Analysis as of

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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

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

Employers Cannot Consider Prior Salary History To Justify Wage Gap Under The Federal Equal Pay Act

by Jackson Lewis P.C. on

On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior salary either alone or in combination with other factors to justify salary...more

DOJ Cracks Down on No-Poach Agreements

by Smith Anderson on

On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...more

Massachusetts Adjusts Limits On Employer Inquiries Into Job Applicants’ Criminal History

by Jackson Lewis P.C. on

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history...more

Legislature Mulls Mandating Board Interviews Of Everyone But Nonbinary Persons And Caucasian Males

by Allen Matkins on

I have previously written about one California legislator's plan to impose gender quotas on publicly traded companies that have their principal executive offices in the state. The bill is being heard today by the Senate...more

Westchester County, New York, Joins Albany County and New York City in Prohibiting Salary History Inquiries

On April 10, 2018, Westchester Country Executive George Latimer signed into law the Wage History Anti-Discrimination Law, which was adopted by a unanimous vote of the Westchester County Board of Legislators a day earlier. The...more

Changes In The Air – Employers Considering Prior Salary When Setting Wages Need To Know The Applicable Laws

by SmithAmundsen LLC on

The Equal Pay Act can create significant exposure for employers, if not considered when setting female employees’ wages – especially if you are relying upon a female applicant’s prior salary history and there is a difference...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

Localities And The Salary History Ban: Next Stop, Westchester County, New York

by Jackson Lewis P.C. on

New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. On Equal Pay Day, April 10, 2018, Westchester County Executive...more

DDZ To Pay $625,400 To Settle EEOC Sex Discrimination Lawsuit

Louisville Printer Shunned Women for Hire Into Boxer/Packer Jobs for Nearly Three Years and Created Hostile Environment for Women, Federal Agency Charged - LOUISVILLE, Ky. - DDZ, Inc., doing business as DDZ CA, Inc.,...more

Westchester County Prohibits Salary History Inquiries

by Fisher Phillips on

Westchester County has enacted a Wage History Anti-Discrimination Law which will soon make it illegal for employers to ask potential employees their salary history. The law was passed by the County Board of Legislators on...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

Full Ninth Circuit Says Use of Salary History Violates Equal Pay Act

Over the past several years, a number of states have passed or considered legislation that prohibits employers from using an applicant’s prior salary history when setting incoming pay rates. The legislation is based on a...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...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

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

Employment Law Reporter April 2018: Summary of New Laws Affecting California Employers

by Ervin Cohen & Jessup LLP on

The past year has been a busy one for passing employment-related legislation. Numerous new laws have gone into effect that impact how California employers manage and interact with their current, prospective, and former...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

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

Employers Can’t Use Salary History to Defend Pay Gap

by Franczek Radelet P.C. on

On Monday, April 9, 2018, the day before Equal Pay Day, the Ninth Circuit Court of Appeals held that employers cannot use an employee’s past salary to justify paying women less than men under the federal Equal Pay Act (EPA). ...more

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

Ninth Circuit Rules That Prior Salary Cannot Justify Gender Pay Differentials Under the Equal Pay Act

On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more

Salary History Is Not A Permitted ‘Factor Other Than Sex’ Under Equal Pay Act, Ninth Circuit Holds

by Jackson Lewis P.C. on

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc...more

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