Justices Won't Touch 9th Circ. Ruling On Sex-Based Pay Gaps

Law360 (July 2, 2020, 11:08 AM EDT) -- The U.S. Supreme Court on Thursday refused to hear a challenge to an en banc Ninth Circuit decision that barred employers from using workers' salary history to justify sex-based pay disparities.

The justices without comment rejected Fresno County Superintendent of Schools Jim Yovino's appeal of an en banc Ninth Circuit decision reviving an Equal Pay Act suit by teacher Aileen Rizo alleging she was paid less than male colleagues because she made less money at her previous job.

The Ninth Circuit held in February that a person's prior salary isn't a "factor other than sex" that can shield employers from liability...

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