Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Ninth Circuit Finds That Employers May Not Use Salary History to Justify Differences in Pay

By Hope A. Comisky & Tracey Diamond on April 23, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

Q.  Can my Company use an applicant’s salary history to set their current pay rate?

A.  Not for employees in the Ninth Circuit Court of Appeals (covering California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington).  In a case decided the day before Equal Pay Day, the Ninth Circuit Court of Appeals ruled that, in a claim for violation of the Equal Pay Act, salary history is not a defense to a claim of gender discrimination when a female employee complains that her salary is lower than that of  her male counterpart.

For more details about this case, click here.

Photo of Hope A. Comisky Hope A. Comisky

A top-ranked top labor and employment attorney and an experienced arbiter, Hope Comisky regularly counsels clients in all aspects of employment law while also advising the firm’s lawyers on ethics and professionalism matters.

EmailHope's Linkedin Profile
Photo of Tracey Diamond Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient…

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Read more about Tracey DiamondEmailTracey's Linkedin ProfileTracey's Twitter Profile
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Hiring To Firing Law Blog
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo