Is Prior Salary a Factor Other Than Sex?

The Blurry Limits of the Equal Pay Act's “Factor Other Than Sex”

Because legislators at the time of the EPA's passage considered women's salaries to be a product of their sex, any interpretation of the catch- ...

Assessing Prior Salary History as a “Factor Other Than Sex” in Equal ...

The use of prior salary to determine compensation can perpetuate pay discrimination for women, especially women of color, and lock them into cycles of ...

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

Brown, Note, Negotiating Around the Equal Pay Act: Use of the “Fac- tor Other Than Sex” Defense to Escape Liability, 78 OHIO ST. L.J. 471, 476 (2017). (citing ...

Equal Pay Act Update: Can Salary History be a “Factor other than ...

Initially, a lower court found that prior pay could not alone constitute a “factor other than sex” since by only using prior wage rates there is the risk the ...

Salary History is Not a Permitted 'Factor Other Than Sex' under ...

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay ...

High Court Declines to Resolve Circuit Split on Whether Prior Salary ...

The circuit courts of appeal are split about whether prior salary is a factor other than sex for the purposes of the EPA.

CLOSING THE “FACTOR OTHER THAN SEX” LOOPHOLE

Act claim, holding that “salary matching is permitted under the Equal Pay Act” because “it allows an employer to reward prior experience and to lure talented ...

The Equal Pay Act's “Factor Other Than Sex” Exception

The employer will argue that the policy is gender neutral; it doesn't matter whether the employee is male or female, because whatever the ...

9th Circuit Says Prior Salary Cannot Justify Pay Disparities Under ...

In the 2018 Rizo decision, the 9th Circuit rejected Kouba, concluding that the defense of "any other factor other than sex" is "limited to job- ...

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

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 ...

Ninth Circuit Rules that Prior Salary Cannot Justify Wage Differential

Finally, Judge Paul Watford wrote, in concurrence, that past pay can constitute a “factor other than sex,” but only if an employee's past pay is not itself a ...

Can prior salary levels reflect underlying sex discrimination?

In other words, while it is literally a factor other than sex, in practice past salary is just a stand-in for a factor that is based on sex. Salary history ...

Equal Pay in the United States: Salary History Bans

... prior salary and will in turn assist with closing the gender wage ... factor other than sex” justification for a pay disparity “comprises only.

Asking for Salary History Perpetuates Pay Discrimination From Job ...

But salary is not a neutral, objective factor. Indeed, it often reflects the historical market forces which value the equal work of one sex over the other.

Fact Sheet: Notable EEOC Litigation Involving Pay Discrimination

When the female employee asked about the wage differences, she was told they were based on factors other than sex, such as the coworker's prior salary history ...

Frequently Asked Questions on Compensation History

... previous job, including wages, salary, bonuses, and other benefits. ... pay disparity is due to any other factor other than sex. As a result ...

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

I. Introduction II. Background … A. The Equal Pay Act of 1963 ... 1. The Act's Four Exceptions ... B. Supreme Court Interpretation of the Equal Pay Act ..

Ninth Circuit Confirms the Scope of the “Factor Other than Sex ...

According to the court, prior pay risks the influence of sex-based discrimination. Allowing employers to determine an employee's current salary ...

Prior Pay No Defense to Pay Difference Under Equal Pay Act, Ninth ...

Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference ...

Salary History Not Always a Defense to Equal Pay Act Claims

As a result of its conclusion that salary history is not a "legitimate, job-related" factor, the Ninth Circuit held that employers may not use ...