Civil Litigation,
Labor/Employment,
9th U.S. Circuit Court of Appeals
Apr. 30, 2018
After equal pay ruling, employers should review practices
Only job related factors can legally influence a disparity in pay between male and female employees. An employee’s prior salary history is not a legitimate consideration when it comes to pay differentials.
Gary M. McLaughlin
Partner
Mitchell, Silberberg & Knupp LLP
Phone: (310) 312-2005
Email: gmm@msk.com
University of Virginia SOL; Charlottesville VA
Gary focuses his practice on the representation and counseling of employers in a wide variety of labor and employment matters, especially class, collective, and representative actions and other complex employment disputes. He represents Fortune 500 companies and other major employers in high stakes litigation and provides strategic counseling to avoid litigation.
Galit A. Knotz
Counsel
Sidley Austin LLP
Email: gknotz@sidley.com
Cornell University; Ithaca NY
Galit is part of the firm's Labor, Employment and Immigration practice.
On April 9, the 9th U.S. Circuit Court of Appeals ruled en banc that employers cannot rely on an applicant's prior salary -- either alone or in combination with other factors--to justify a wage disparity between male and female employees under the Equal Pay Act. Rizo v. Yovino, 2018 DJDAR While other circuits have ruled that prior salary alone may not be considered, none have ruled that salary cannot be considered at all in defense of Equal...
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