9th U.S. Circuit Court of Appeals
For all those women who voted for Trump and by their actions approve of his misogynistic abusive treatment of women, you will be happy to read this decision.
The 9th U.S. Circuit Court of Appeals in San Francisco ruled that an employer can pay a woman less than a man for the same exact work if the man was paid more at his previous job.
Judge Lynn S. Adelman stated, “If prior salary alone is responsible for the disparity, requiring an employer to consider factors in addition to prior salary cannot resolve the problem that the EEOC and the plaintiff have identified.”
Rizo v. Yovino
In the case of Rizo v. Yovino, Aileen Rizo was hired by the Fresno County school system as a Consultant back in 2009. Her annual salary was $62,733, which was just about 10K more than the previous job she had.
However, in 2012, Rizo discovered that the school hired a man for the same job and paid him $79K per year, which is $17K more than her. When Rizo went to her employer to complain, she learned that the other male co-workers in her field were all paid more than her based on the salaries of their previous jobs.
When Rizo sued, the unanimous panel said the Equal Pay Act allows for pay differences based on “a factor other than sex,” and this includes past salaries. Rizo’s attorney, Daniel Siegel, informed the Associated Press, “The logic of the decision is hard to accept. You’re OK’ing a system that perpetuates the inequity in compensation for women.”
With the world being in 2017, this is yet another step backward for women in the US.
Until next time, I’m Attorney Francine Ward helping you protect what’s yours. Join my conversation on Facebook, Twitter, or in one of my LinkedIn groups, Google+ Circles. Feel free to subscribe to my newsletter.