Posts

Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

APPLIES TO

All Employers with AL, AZ, CA, HI, ID, OR, MT, NV, and WA Employees

EFFECTIVE

April 9, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential.  Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.