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).
Here's another case of a judge not thinking like a juror: most fair-minded people would consider it evidence of pregnancy discrimination that a manager launched an audit and started putting negative reports in an employee's file literally days after she announced her pregnancy. The district court judge did not get this, but the Second Circuit reverses and sends the case back for trial. The panel also addresses the standard for proving sex discrimination in pay under Title VII, outside of the "equal work" framework.
"U.S.A.! Equal Pay! Equal Pay!" These chants from the crowd after the U.S. Women's National Soccer Team (USWNT) won the World Cup became the rallying cry behind its ongoing efforts to obtain pay equity for female athletes. Following the team's second straight international championship, and fourth overall, the players returned home to increased national recognition of both their sport and their struggle. Now that the women's team and the U.S. Soccer Federation (USSF) failed to resolve their pay dispute in mediation, they are now preparing their cases for the courtroom while making their respective cases in the court of public opinion.
A few weeks ago, the California state legislature passed a bill that unequivocally prohibits employers from using an employee's prior salary, even in combination with legitimate factors, to justify a gender- and race-based pay differential for performing the same or similar work. The new legislation, which California Governor Jerry Brown signed into law on July 18th, reflects a welcome trend both at the federal and state levels to combat a common pay practice that has perpetuated the gender pay gap for decades: basing new employee compensation on the applicant's salary history.
In an important decision, the Ninth Circuit holds en banc 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 overrules its prior decision on this subject, Kouba v. Allstate Ins. Co., 691 F.3d 873 (9th Cir. 1982).
Given recent headlines about Uber and Google, it might be tempting to assume that tech is the only sector still facing stubborn problems with gender discrimination, hostile work environments, and sexual harassment. That certainly isn't the case, and one only has to look at the financial services industry to see that the issue is very prevalent in many other workplaces.
Alongside this summer's blockbuster movies and sleeper hits something else has been pulling focus in Hollywood: pay equity. And it's about time.
The Eighth Circuit holds that a granary employee who complained about sex discrimination in her paycheck - only to have her manager initiate her layoff literally minutes later - was entitled to have a jury decide whether she suffered retaliation under the Equal Pay Act, Title VII and the Arkansas Civil Rights Act.
Gender equality in the workplace and eliminating the gender pay gap are hot topics in the news, with some large brands capitalizing on the discussion to attract female consumers. Using flashy ads, social media campaigns, and press releases, companies say that they're committed to making meaningful cultural changes in their workplaces.
Employers have the right to pay a man more than a woman for the same work if he had a higher salary at a previous job and There is a "reasonable policy" that justifies the company using past salaries to determine compensation. This was an opinion issued in April by the 9th Circuit in Rizo v. Yovino - a decision that threatens to severely undermine this country's progress on pay equity.