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


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 ...

"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 ..

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

Because past salary “often reflects the historical market forces which value the equal work of one sex over the other,” prior salary is an ...

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

Under this third approach, courts allow employers to consider salary history, but not as the sole justification for gender pay disparities. This perspective ...

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

98 Nebraska L. Rev. 996. Is Prior Salary a Factor Other Than Sex?: An Approach to Resolve the Ongoing Debate. Is Prior Salary a Factor Other Than Sex?:

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 ...

THE PAYCHECK FAIRNESS ACT: CLOSING THE “FACTOR ...

of the Equal Pay Act supported its contention that prior salary can be a “factor other than sex.” The Eleventh. Circuit rejected this argument, noting that ...

Supreme Court of the United States

pay is not a “factor other than sex” under the EPA, and is thus unlawful. Since 1976, CWC has participated as amicus curiae in many cases before ...

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 ...

Waging War Against Prior Pay - Scholarship Commons

Allstate did not attempt to make), prior salary is not a factor other than sex. ... employer may not overcome the burden of proof on the ...

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 ...

Ninth Circuit's Decision Holds That Salary History Is Not a Defense ...

The federal Equal Pay Act (“EPA”) mandates equal pay for equal work regardless of sex. Employers that pay men and women different wages for the ...

Supreme Court Asked to Decide Prior Salary/Equal Pay Act Issue

Critically, the Ninth Circuit ruled that an employee's prior salary can never satisfy the “other factor” exception. Although the court would not ...

EMPLOYMENT LAW - International Association of Defense Counsel

not encompass reasons that are simply good for business. 16. III. The Circuit Split on Prior Salary as a “Factor Other Than Sex”. The Ninth Circuit is not the ...

Supreme Court Won't Resolve Pay Discrimination Dispute Over ...

The circuit courts of appeal are split about whether prior salary is a factor other than sex for the purposes of the EPA. In Rizo, the Ninth Circuit held that ...

Rizo v. Yovino - Ninth Circuit Court of Appeals

On appeal, the County contends that its policy of setting employees' wages based on their prior pay is premised on a factor other than sex.

In Pursuit of Pay Equity: Examining Barriers to Equal Pay ...

Persistent pay inequity is not solely an issue of sex discrimination, but an intersectional issue that cuts across race, color, national origin, and other ...

when prior pay isn't equal pay: a proposed - jstor

whether prior salary is a factor other than sex under the Equal Pay Act. (the ... the Act was designed to deal with the particularized area of sex-based.

Salary History and the Equal Pay Act

20 The “factor other than sex” affirmative defense is one of four available to employers under the EPA framework. If the Supreme Court ...

The Paycheck Fairness Act: Closing the “Factor Other Than Sex ...

by proving that a wage disparity is justified by one of four affirmative defenses. One of the affirmative defenses is that the difference in ...