Salary History Can't Shield Equal Pay Claims, 9th Circ. Says

Law360 (April 9, 2018, 1:41 PM EDT) -- Employers fighting claims under the federal Equal Pay Act can't rely on workers' past salaries to justify paying women less than men, the Ninth Circuit ruled en banc Monday in an opinion Judge Stephen Reinhardt wrote before his death last month.

The Ninth Circuit Court of Appeals in San Francisco. (AP)

Monday's decision overturns the Ninth Circuit's 1982 ruling in Kouba v. Allstate Insurance Co. — and an April 2017 panel ruling citing it — that past salary is a "factor other than sex" that employers can use to justify pay gaps between men and women under the federal Equal Pay...

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