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The 9th Circuit Rules that Salary History Cannot Be a Basis for Unequal Pay

Posted Mar 25, 2020

On February 27, 2020, the 9th Circuit Court of Appeals ruled in Rizo v. Yovino  that salary history, whether alone or in combination with other factors, cannot be used to justify unequal pay for similar jobs. The Equal Pay Act allows employers to justify unequal salaries based on several job-related factors or “any other factor other than sex”. Here, the court found that salary history does not fall under these categories. The 9th Circuit had previously issued a decision in Rizo in 2018, but the U.S. Supreme Court vacated it on procedural grounds. See ABA Journal, JD Supra.