Salary History Ruled Not a Defense in Equal Pay Case

A recent federal court ruling solidifies the prohibition on employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington from using salary history as an affirmative defense to an equal pay claim. On February 27, 2020, the Ninth Circuit Court of Appeals decided Rizo v. Yovino, a decision prompted by the case of…

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Australia Enacts Gender Equality Bill

Australia continues the global movement towards pay equity. The Australian state of Victoria, which includes the City of Melbourne, recently signed and enacted their first ever Gender Equality Bill. In late February, the Victorian Parliament passed legislation requiring thousands of employers—including in the public sector, universities, and local governments—to prove that they are “actively pursuing”…

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Federal Court Rules Philly’s Salary History Ban Is Constitutional

In 2017, the City of Philadelphia sought to join numerous states and localities in addressing pay disparities tied to gender and race/ethnicity. The City enacted the Wage Equity Ordinance, which contains a salary history ban with two prongs. First, employers in Philadelphia could no longer request salary information from applicants (the “Inquiry Prong”). Second, employers…

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Sterling Jewelers Faces Scrutiny in EEOC Lawsuit

Sterling Jewelers is facing consequences for potentially wrongfully handling a class action lawsuit regarding gender discrimination with the Equal Employment Opportunity Commission (EEOC). The case dates back to 2008 when a group of Sterling employees alleged that their employer discriminated against female employees on the basis of pay and promotion opportunities. By 2015, the class…

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