Labor/Employment,
9th U.S. Circuit Court of Appeals
May 30, 2017
Equal pay ruling sets up circuit split for high court to resolve
There is a circuit split on whether an employer's Equal Pay Act defense can be based solely on prior salary.
Max C. Fischer
Partner
Morgan, Lewis & Bockius LLP
employment litigation
Phone: (213) 612-2500
Email: max.fischer@morganlewis.com
Northwestern Univ School of Law
Max is a member of the firm's Labor and Employment practice as well as the Litigation group.
Dorna Moini
Associate
Sidley Austin
1001 Page Mill Rd Bldg 1
Palo Alto , CA 94304
Phone: (650) 565-7054
Email: dmoini@sidley.com
USC Law School
Dorna is a member of the Labor and Employment practice.
As certain legislatures across the country enact restrictions on employer inquiries into wage or salary history in the hiring process, the 9th U.S. Circuit Court of Appeals in Rizo v. Yovino, 2017 DJDAR 3992 (April 27, 2017), recently ruled that, under the federal Equal Pay Act, employers can justify gender pay disparities based on differences in prior compensation alone so long as use of prior compensation was "reasonable and effectuated a business policy." As a practical matter ...
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