April 10, 2018

9th Circuit Rules on Equal Pay Claims – CA Equal Pay Lawyers

On Monday the Ninth Circuit ruled that employers can’t rely on workers’ past salaries to justify paying women less than men.  The ruling, written by Judge Reinhardt prior to his death, notes that “to allow employers to capitalize on the persistence of the wage gap and perpetuate that gap ad infinitum – would be contrary to the text and history of the Equal Pay Act.”  A link to the opinion is here.

This important decision is a step forward in the equal pay area of the law for female workers.  The Equal Pay Act was signed into law in 1963 by President Kennedy.  The act makes it illegal to pay women less than men based on gender for equal work performed under similar conditions.  In California, as in many states, employers got into the habit of asking employees to disclose their “salary history.”   This led to a perpetuation of the pay gap that female employees have been subjected to for decades.

The case in front of the Ninth Circuit involved a math consultant who took a job in Fresno County, California in 2009.  When she took the job, the policy of the superintendent of schools was to add 5 percent to the previous salary of all new hires.  Attorneys for the plaintiff argued successfully that this was not a gender-neutral, objective policy.

In 2017, Governor Jerry Brown signed a law that prohibits employers from requesting salary histories from applicants.  The law, AB 168, prohibits an employer from relying on salary information of an applicant as a fact in determining what salary to offer.

CA Equal Pay Lawyers

If you believe that your employer is no paying equal pay to females for equal work, contact a CA Equal Pay Lawyer from Christina Humphrey Law, P.C. to discuss your case.  Our office represents California employees in violations of the Fair Pay Act throughout California.  We have recovered millions of dollars in damages for clients in employment matters.  To set up a free, confidential consultation, call us at (805) 618-2924.