May 1, 2017

9th Circuit Upholds Wage Discrimination Against Women

Source: Chicago Tribune

On April 27, 2017, the 9th U. S. Circuit Court of Appeals overturned a ruling that said paying women less than men for equal work based on prior lower wages was discriminatory under the federal Equal Pay Act.

In a 2015 decision by a lower court, U. S. Magistrate Michael Seng ruled that women's lower prior salaries are likely due to discrimination based on gender bias.

This ruling was overturned by the 9th Circuit. In citing a 1982 ruling, the three-judge panel wrote employers could use previous salary information as long as they applied it "reasonably" (quotations mine) and had a business policy that justified it.





Read more: cdn.ca9.uscourts.gov/datastore/opinions/2017/04/27/16-15372.pdf

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This ruling institutionalizes wage discrimination against women by permitting past wage discrimination to be a reason for new discrimination. Justice for all?

(P. S. I know this news is over 12 hours old, however, it is important news, nonetheless.)