<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">
The Complete Payroll Blog

Court Rules Employers Cannot Use Salary History to Justify Paying Women Less

Posted by Complete Payroll | Apr 23, 2018 7:00:00 AM

Court rules employers cannot use salary history to justify paying women less - Complete Payroll

On the eve of Equal Pay Day, a landmark decision was reached in the case of Aileen Rizo vs. the Fresno County Office of Education. On Monday, April 9, an 11-judge panel from the Ninth Circuit Court of Appeals decided unanimously that employers can no longer pay women less than men for doing the same job based on salary history, a common occurrence that has historically perpetuated the gender income gap.

The ruling overturns one dating back to 1982 that previously determined that a woman’s wage history could be considered a “factor other than sex,” and was therefore protected by the Equal Pay Act. Rizo filed a claim against the Fresno County Office of Education in 2014, after learning that even though she was more experienced and held greater seniority, her male colleagues in similar positions were being paid more. Her claim was originally denied by a smaller panel in 2017.

Though progress has been made, women still make an average of 82% of what their male counterparts do, according to Pew Research. That number drops even further for African-American and Hispanic women. This decision promises to have a significant, long-lasting effect on income parity.

Topics: Labor law, Employees, Salaries, Human resources

Written by Complete Payroll

We do payroll, HR, timekeeping and more for employers all over the country from a small, rural town in Upstate New York. And we're constantly publishing articles and other resources to help business owners, HR managers or anyone that helps manage a workforce. Welcome to Payroll Country!

Are you using our free resources?

We're constantly publishing free tools to help with payroll, HR and other administrative objectives.

New call-to-action
New Call-to-action

Subscribe to instant blog email notifications

Recent Posts

General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.