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The Ninth Circuit Flip-Flops on the Equal Pay Act, Butting Heads with the Seventh Circuit

The Ninth Circuit Flip-Flops on the Equal Pay Act, Butting Heads with the Seventh Circuit

By: Teeka K. Harrison

On April 9, the Ninth Circuit Court of Appeals issued its decision in Rizo v. Yovino, which held that salary history may not be used by an employer as a factor when defending gender disparities in initial wages, whether considered exclusively or in conjunction with other factors.  The decision, which overruled a previous decision interpreting the Equal Pay Act, has caused some confusion and created a circuit split. 

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