United States:
Ninth Circuit En Banc Ruling Deepens Rift Over Gender-Based Pay Gaps
20 May 2020
McDermott Will & Emery
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The Ninth Circuit's recent en banc ruling that employers
can't excuse sex-based pay gaps by pointing to workers'
past salaries deepened a circuit split over the federal Equal Pay
Act, a development that could push the issue up to the US Supreme
Court.
The majority's opinion puts the Ninth Circuit directly at
odds with the Seventh Circuit amid a growing debate between
workers' and employers' advocates over whether the common
practice of basing salary offers on workers' past salaries
perpetuates illegal pay disparities between men and women.
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