Labor/Employment,
Civil Litigation,
9th U.S. Circuit Court of Appeals
May 11, 2018
Can prior pay inform a new hire's salary?
Learn how the 9th Circuit’s en banc opinion in Rizo v. Yovino both clarifies and complicates the question.
Kathryn G. Mantoan
Of Counsel
Orrick, Herrington & Sucliffe LLP
Email: kmantoan@orrick.com
Kathryn works across the firm's San Francisco and Portland offices. She focuses her practice on high-stakes employment litigation, compliance counseling, and litigation avoidance measures. Her practice has a particular emphasis on complex class actions and developing areas of law including pay equity.
The 9th U.S. Circuit Court of Appeals' recent en banc decision in Rizo v. Yovino has generated significant press and interest among attorneys who advise on or litigate pay equity issues. Some have characterized the opinion as barring any consideration whatsoever of an employee's prior salary in setting her starting pay. But does the opinion reach so far? What questions does it answer, and what does it leave open? A review of t...
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