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Tag: Rizo v. Yovino

Another Approach to Interpreting whether Prior Pay is a “Factor Other than Sex” Under the Equal Pay Act

Posted on May 10, 2021May 10, 2021 by Brett Bonfanti

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,…

Implications of SCOTUS Review of Use of Pay History for Determining Starting Salaries

Posted on April 7, 2019April 8, 2019 by Rob Shoemaker

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…

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