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 |
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.