Prior Pay History? Still a “Jump Ball”: Law Continues to Vary by Location and Protected Status

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On Thursday, the Supreme Court of the United States (SCOTUS) ducked. The Court refused to hear the case of Yovino v. Rizo (Docket # 19-1176). This case raised the question of whether the Equal Pay Act (EPA) made it unlawful to set a new hire’s pay based SOLELY on his/her prior pay. The case now goes back to trial. The trial court will presumably now hear evidence only on damages given an earlier lower court ruling in favor of Ms. Rizo, the female math consulate the County of Fresno, California paid less than similarly situated men

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