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  • The Equal Pay Act, Pay Differentials, and Gender

    Employers can assert as an affirmative defense to a claim under the Equal Pay Act (EPA) that a pay differential is “based on any other factor other than sex.” In Rizo v. Yovino (9th Circuit, April 27, 2017), the employer-county presented evidence that it legitimately based its pay structure on a factor other than gender, arguing that its use of an employee’s most recent prior salary was such a factor.  The Ninth Circuit found its earlier EPA case, Kouba v. Allstate Ins. Co., 69...

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