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In February, the Ninth Circuit issued a decision in Rizo v. Yovino, holding that the prior salary cannot be used as a “factor other than sex” to justify pay differences under the federal Equal Pay Act. With the Feb. 27 ruling, the Ninth Circuit joined the Tenth and Eleventh Circuits in holding that the Equal Pay Act precludes employers from relying solely on prior salary to justify pay differences. Brought by Aileen Rizo, a math consultant for the Fresno County public schools, internal complaints were brought regarding the disparity between her compensation and that of her male counterparts, and the suit was filed raising allegations under the federal Equal Pay Act, Title VII, and the California Fair Employment and Housing Act.

 

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Post By Ken Shafton (848 Posts)