Labor/Employment,
9th U.S. Circuit Court of Appeals
Feb. 28, 2020
Prior pay no defense against Equal Pay Act claims, circuit says
The decision reverses a 1982 decision in which the court said employers could use prior pay to justify paying some employees less under the Equal Pay Act as long as they also used other factors to determine those employees' wages.
Reversing itself, an en banc panel of the 9th U.S. Circuit Court of Appeal unanimously agreed Thursday that employers can't use prior pay as a defense against federal Equal Pay Act claims. Doing so would allow employers to escape liability for paying women less than men for the same work, the court said.
The decision reverses a 1982 decision in which the court said employers could use prior pay to justify paying some employees les...
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