Past Salary Is Losing Steam As Sex-Based Pay Gap Excuse

Law360 (October 28, 2020, 1:34 PM EDT) -- Rizo v. Yovino,[1] has finally reached a conclusion after an unusual history, in which an en banc decision was vacated by the U.S. Supreme Court due to having been issued several days after its author, U.S. Circuit Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, passed away.

Upon the case's return to the Ninth Circuit, another judge was randomly selected to join the en banc panel, and a new decision was issued, which, like the earlier en banc ruling, overturned the Ninth Circuit's 1982 decision in Kouba v. Allstate Insurance Co.,[2] and held that prior pay...

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