9th Circuit: Employers can base pay on unjust salary histories

Not everything in the workplace that is unfair is also illegal. That’s a crucial tenet to remember about employment law, and it comes into play more than you might guess.

Consider a recent ruling by the U.S. Court of Appeals for the Ninth Circuit, which covers Montana. In the recent case of Rizo v. Yovino, the held that if a company has a reasonable business policy of using salary history as the basis for current pay levels, that employer can end up paying men more than women but it would not be discrimination, necessarily. Continue reading

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