Appellate Court Issues Groundbreaking Interpretation of Equal Pay Act

The 9th U.S. Circuit Court of Appeals has ruled that the Equal Pay Act (EPA) prohibits an employer from paying a female employee less at their new position based on their salary at a prior job. The ruling came in a lawsuit by Aileen Rizo who sued the Fresno County Office of Education over her salary. “The 50-year-old statute had not been interpreted that way before,” says Scott Witlin, a partner with the Los Angeles office of Barnes & Thornburg LLP, where he heads its Labor and Employment department. The EPA, implemented by Congress in 1963, was designed to eliminate long-standing pay disparities between the sexes, not preserve them, said Rizo in court. Permissible factors other than sex should be “limited to legitimate, job-related factors such as a prospective employee’s experience, educational background, ability, or prior job performance,” said the court. Prevailing precedent interpreting the EPA, dating back to 1982, indicated that…

Read more detail on Recent Legal Marketing posts –

This entry was posted in Legal Marketing and tagged , , , , , . Bookmark the permalink.

Leave a Reply