Background The Equal Pay Act prohibits employers from paying one employee less than another employee of the opposite sex when the two do equal work.1 There are four exceptions.2 Employers can pay an employee of one sex less than another of the opposite sex if the pay differential is pursuant to “(i) a seniority system,…
Tag: Equal Pay Act
Implications of SCOTUS Review of Use of Pay History for Determining Starting Salaries
Following the 9th Circuit’s April 2018 decision in Rizo v. Yovino, circuits were split on the question of whether past salary information can be a relevant factor in a company’s defense against Equal Pay litigation.1 Following the Rizo decision and the passage of state and local legislation banning the use of salary history in compensation…
Ninth Circuit Rules on Equal Pay
The Ninth Circuit’s recent ruling could be a significant step towards eliminating gender pay discrimination in the workplace. The federal Equal Pay Act of 1963 attempted to eliminate gender wage discrimination by prohibiting employers from paying male employees higher wages than female employees for the same work.1 There were four exceptions to the general rule of…