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Is Prior Salary a Factor Other Than Sex? An Approach to Resolve ...


Equal Pay and Pay Disparity - Clark Hill

prior salary cannot qualify as a “factor other than sex” under the Equal Pay Act ... – In Michigan, the legislature took the opposite approach. In March ...

Access to Justice: Ensuring Equal Pay with the Paycheck Fairness Act

1 See Deborah Thompson Eisenberg, Money, Sex and Sunshine: A Market-Based Approach to Pay Discrimination, ... 'Factors Other than Sex' Under the ...

GGD-85-37 Options for Conducting a Pay Equity Study of Federal ...

The job content approach is another way in which sex-based wage ... is not a "factor other than sex" which would justify a pay differential for ...

Opinion Summary - Boyer v. United States - Fed Circuit Blog

... prior pay is a factor other than sex because it does not reflect sex discrimination.” Next, Judge Dyk analyzed the government's contention ...

Sex-Based Wage Discrimination Under Title VII

employer could be a "factor other than sex" on which to base a wage differential. ... not destroy the force of its former statements decrying sex discrim-.

Petition For A Writ Of Certiorari - Supreme Court of the United States

Allstate Insurance Co., the Ninth Circuit held that prior salary is a “factor other than sex”— and that employers may therefore consider it in ...

Ninth Circuit: Employers Cannot Depend on Employee Salary ...

... salary she received in her prior job—a factor that the County claimed was one “other than sex.” The trial court rejected the County's argument, holding that ...

(PDF) Why the Equal Pay Act and Laws Which Prohibit Salary ...

One factor to which this has been attributed is the use of current salary as a basis for a new job offer. Such a practice, it has been argued, perpetuates the ...

- CLOSING THE GAP: EQUAL PAY FOR WOMEN WORKERS

... than twice her prior earnings. There's also Misty, a single mother with ... factor other than sex justifying a wage disparity.\27\ Indeed, that court ...

Is Disparate Impact Available In Sex-Based Pay Discrimination?

§ 206(d)(1), Congress barred recovery if a pay differential was based “on any other factor”—reasonable or unreasonable—“other than sex.” The fact that Congress ...

Guide to California's Equal Pay Act

» A “bona fide factor other than sex, race, or ethnicity” – Education ... opposite sex, or employees of different race or ethnicity based on an employee's prior ...

PAYCHECK FAIRNESS ACT (H.R. 7): EQUAL PAY ... - Congress.gov

... other factor other than sex. That language based on principles of statutory ... And when we see prior salary relied upon or other sort of end specified ...

Combating Pay Discrimination in the Workplace - Project WHEN

Specific working conditions such as temperature, hazards, ventilation, among others, are also put into consideration when determining whether the jobs in ...

Pay Equity Compliance Challenges Business Risks And Legal ...

in a union constitutes a “factor other than sex' within the meaning of the Equal Pay Act). ... prior salary does not fall within the “any factor other than ...

Relying on Prior Pay in Setting New Employees' Salary is ...

Even if prior pay is sometimes a proxy for those items, they can also be evaluated without reference to prior pay. if pay disparities between ...

Ninth Circuit Rules That Employer's Use of Salary History Does Not ...

Therefore, the County argued that, although the female consultant was paid less than her male counterparts, the wage differential that resulted ...

Cities' and States' Prohibitions Against Prior Salary History Inquiries ...

on prior salary history is not a satisfactory “factor other than sex” defense. ... approach when resolving a plaintiff's gender-based wage ...

Yovino v. Rizo: The Equal Pay Act and Salary History Defense

The Ninth Circuit observed that most of the circuit courts agree that the EPA's “any other factor other than sex” exception is not unlimited, ...

The Battle Over Prior Salary History Continues: Federal Court In ...

3 1217 (9th Cir. 2020), that prior salary history can never, by itself, amount to a "factor other than sex" to justify a pay disparity because the use of such ...

Pay Equity Claims Are on the Rise - How Are Courts Interpreting the ...

For example, the Ninth Circuit has held that “prior salary alone or in combination with other factors cannot justify a wage differential” ...