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February 2020 Archives

Rizo v. Yovino, No. 16-15372 (9th Cir. Feb. 27, 2020) (en banc)

On remand from the Supreme Court, the Ninth Circuit reaffirms its original en banc holding that a "factor other than sex" under the Equal Pay Act (29 U.S.C. §206(d)(1)) must be "job-related," and thus rejects an employer's use of pre-employment salary history as a reason to pay a woman less than a man doing the same work. The court once again overrules its prior decision on this subject, Kouba v. Allstate Ins. Co., 691 F.3d 873 (9th Cir. 1982).

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