Is Prior Salary a Factor Other Than Sex? An Approach to Resolve ...
The Ninth Circuit Gives Support to Equal Pay Day - Duane Morris
Instead, the court concluded that “'any factor other than sex' is limited to legitimate, job-related factors such as a prospective employee's ...
Minding the Pay Gap: - Littler Mendelson P.C.
... prior holding that employers cannot use salary history to justify sex-based pay ... salary negotiations constitutes a factor-other-than-sex under the statute.42.
US – Prior salary may not be an acceptable reason for a gender pay ...
This case law states that 'acceptable 'factors other than sex' include prior salary (Akerson v. Pritzker, D. Mass. 2013). The new law ...
The Battle Over Prior Salary History Continues: Federal Court In ...
... Factor Other Than Sex” Justifying Wage Disparity ... prior salary history can be a ... It opined that it need not resolve that question because it was not ...
2023-2024 Bill 4212: Pay Equity - South Carolina Legislature Online
... another method of calculation. Wages include vacation, holiday, and ... (4) factor other than religion, color, sex, including gender ...
Equal Pay Act: Ninth Circuit Decision Delivers Warning to Employers ...
We conclude, unhesitatingly, that 'any other factor other than sex' is limited to legitimate, job-related factors such as a prospective ...
Ninth Circuit: Employers Cannot Depend on Employee Salary ...
The decision overturns longstanding precedent that an employee's salary history can constitute a “factor other than sex” upon which employers ...
Switching to Offense in Employment Cases
Equal Pay Act.” • Prior salary therefore is not “a factor other than sex” affirmative defense. • This is first Circuit Court to impose strict ...
FLSA | Employers' Lawyers Blog | Holland & Hart LLP
... resolve wage issues quickly and without having to defend claims in court. ... Approach Program With Caution ... Prior Pay Not A “Factor Other Than Sex”. The ...
Negotiating Around the Equal Pay Act: Use of the “Factor Other than ...
Difference in Salary Negotiation Is Not a ''Factor Other than Sex'' Under the Equal Pay. Act, 10 GEO. J. GENDER & L. 1, 10–19 (2009) (discussing the ways in ...
The Market Defense - Penn Carey Law: Legal Scholarship Repository
Women too often encounter the argument that pay disparity is the outcome of market forces, not sex discrimination. Salary differentials are.
took the strongest stance when it rejected an argument from General. Motors that prior salary can serve as a factor other than sex. ... Approach to Pay ...
Pay Audits, Pay Transparency, and the Public Disclosure of Pay Data
39. The FPA also mandates that an employer seeking to rely on this partic- ular defense must demonstrate that the “factor other than sex” is: (1) not itself “ ...
Trends and Developments in Pay Equity Litigation
which held that prior salary can qualify as a factor other than sex, provided that the employer ... not overcome the burden of proof on the ...
Comparative Information: Approaches for Addressing Pay Equity
on any other factor other than sex. Businesses that meet the ... how pay, benefits, and other compensation are determined, but does not ask ...
Salary History Not a Defense to Equal Pay Act Claims, 9th Circuit Says
Last month, the U.S. Court of Appeals for the Ninth Circuit issued a landmark decision in the decades-long fight against the sex-based pay ...
... pay differentials when it uses salary history alone to set pay. The court found that prior salary may qualify as “a factor other than sex” under the Equal Pay.
Chapter 546: Another Step to Ensure Equal Pay Doesnâ
3d 949, 955–56. (11th Cir. 1995) (holding that both prior salary and experience were “factors other than sex” that barred plaintiff's ...
States and Cities Move Ahead of the Courts by Prohibiting ... - HR Blog
“Prior salary does not fit within the catchall exception because it is not a legitimate measure of work experience, ability, performance, or any ...
factors cannot justify a wage differential.”16 In other words, salary history is not a legitimate. “factor other than sex” that can support a pay disparity ...