Los Angeles Office Location
Hennig Ruiz & Singh
Not sure if you have a legal case? Call us to talk to a lawyer:
Free Consultations
One Of The Most Successful Workers' Rights Trial Law Firms In California

Court rules that women's past salaries in determining new salary

Women in California, like the rest of the U.S., have historically earned less than men. This is despite the fact that the Equal Pay Act became a law decades ago, which requires employers to pay men and women the same if they do similar jobs. This practice is a form of sex discrimination. Employers who engage in this practice may be required to compensate the employees who are the victims of it.

However, employers may be able to use what may appear to be legitimate reasons to pay women less, but it really is just masking a violation of the Equal Pay Act. Recently the 9th Circuit Court of Appeals tried to eliminate one of the practices that employers may use to pay women less than men. They ruled that employers cannot use a woman's past salary when determining a woman's new salary. The Court stated that allowing employers to do this perpetuates the practice of paying women less and needs to stop.

The Court ruled that employers must only use legitimate business reasons in making salary determinations. These should include past experience and job performance, education, skills and other aspects of their ability to do the job not what they were previously paid. This decision was just recently issued, so moving forward employers cannot ask women about their past salary in making determinations for salary offers. Those that do may be required to compensate victims by paying them retroactively what they should have initially paid them and other costs.

Despite the laws that are place the wage gap in California persists. A federal court of appeals is trying to change that though by making a common practice, which effectively ensures women will continue to be paid less, illegal. It is not completely clear how this decision will affect day to day employment practices, but experienced attorneys will stay on top of developments and may be a useful resource.

Source: www.npr.org, "Women can't have prior salaries used against them, court says in equal pay case" Bill Chappell, April 10, 2018

No Comments

Leave a comment
Comment Information
  • Super lawyers
  • California Employment Lawyers Association
  • Consumer Attorneys Association of Los Angeles

What Our Clients Say About Us

  1. I needed great attorneys in a short period of time, it was an emergency situation. Some research led me to the Hennig, Ruiz & Singh. We spoke on the phone and they had me come into the office and started on my case immediately. They got me exactly what I wanted and did it in the shortest amount of time possible. They were caring, fair and extremely good at what they do. I definitely would recommend them to anyone. -Scott Rooney

  2. If you are looking for legal representation I would suggest for you to consider Hennig, Ruiz & Singh. Put succinctly, their legal team was intelligent, hard working, responsive, and very knowledgeable throughout our time working together. While I of course cannot divulge details about the assistance that the firm provided for me, I can and will say that their representation was pivotal and changed my life for the better beyond words... -Shane Guglielmo

  3. I went to this firm to have a separation letter reviewed and met a young lawyer named Janet Hong. She was extremely friendly, professional, thorough and quick. She reviewed the documentation promptly and gave me actionable advice. I was able to resolve everything quickly. I would not hesitate to recommend Janet to anyone seeking legal services. -Brendan Hagerty

Schedule a Free Consultation

Ready To Start Protecting Your Rights? Call 213-985-1305

Not Sure Whether You Need Lawyer?

Answer a few questions to see whether you have a case.
Get Started Here

Office Location

Hennig Ruiz & Singh
3600 Wilshire Blvd.
Suite 1908
Los Angeles, CA 90010

Toll Free: 800-260-6542
Fax: (213) 310-8302
Map & Directions

Free Consultations

Contact Us