By Tara Presnell (April 11, 2018, 11:28 AM EDT) -- In a much anticipated en banc decision, Rizo v. Yovino,[1] the Ninth Circuit held that prior salary, standing alone or in combination with other factors, cannot justify a wage differential between male and female employees under the Equal Pay Act, or EPA.[2] The Ninth Circuit is the first federal appellate court to go so far as to strike down prior salary considerations per se when analyzing claims brought under the EPA. Other circuits have analyzed EPA claims in a compatible manner, but stopped short of calling for a prohibition on prior salary as a compensation factor.[3] The Ninth Circuit decision overrules Kouba v. Allstate Insurance Co,.[4] where the Ninth Circuit previously held that the EPA did not impose a strict prohibition against the use of prior salary....