Analysis

Gray Area In 9th Circ. Pay Ruling Has Some Experts Puzzled

Law360 (April 10, 2018, 9:30 PM EDT) -- The Ninth Circuit's decision Monday that employers cannot use workers’ salary histories to excuse paying women less than men sent a clear signal that businesses with pay gaps between the sexes may be inviting legal jeopardy, but the blockbuster ruling included a seeming contradiction that left experts scratching their heads.

At the same time it blocks employers from escaping Equal Pay Act claims by basing workers' salaries on what they used to earn, Judge Stephen Reinhardt’s majority opinion said it might be all right for pay history to play a role in salary negotiations, while explicitly declining to address "under what...

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