Employers should not be allowed to use a job applicant’s prior salary to justify paying male and female employees differently for the same work, a lawyer for a California schools professional said Friday, urging the U.S. Court of Appeals for the Ninth Circuit to adopt a ruling the court issued last year.
That earlier Ninth Circuit decision would have stopped employers from using compensation history alone or in combination with other factors to defend disparities between male and female employees. But the U.S. Supreme Court in February vacated the decision after concluding the decisive vote of a judge who died about two weeks before the ruling was issued should not have counted.
