Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

dlk

(11,873 posts)
Mon May 1, 2017, 09:15 AM May 2017

9th Circuit Upholds Wage Discrimination Against Women

This discussion thread was locked as off-topic by DonViejo (a host of the Latest Breaking News forum).

Source: Chicago Tribune

On April 27, 2017, the 9th U. S. Circuit Court of Appeals overturned a ruling that said paying women less than men for equal work based on prior lower wages was discriminatory under the federal Equal Pay Act.

In a 2015 decision by a lower court, U. S. Magistrate Michael Seng ruled that women's lower prior salaries are likely due to discrimination based on gender bias.

This ruling was overturned by the 9th Circuit. In citing a 1982 ruling, the three-judge panel wrote employers could use previous salary information as long as they applied it "reasonably" (quotations mine) and had a business policy that justified it.





Read more: cdn.ca9.uscourts.gov/datastore/opinions/2017/04/27/16-15372.pdf



This ruling institutionalizes wage discrimination against women by permitting past wage discrimination to be a reason for new discrimination. Justice for all?

(P. S. I know this news is over 12 hours old, however, it is important news, nonetheless.)
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
9th Circuit Upholds Wage Discrimination Against Women (Original Post) dlk May 2017 OP
Unacceptable shenmue May 2017 #1
If you were only an 20 minutes past you might be able to get some leeway but this is days old news cstanleytech May 2017 #2
Looks to me that the Appeals Court panel only sent the case back for further review. Demit May 2017 #3
Locking... DonViejo May 2017 #4

shenmue

(38,515 posts)
1. Unacceptable
Mon May 1, 2017, 09:32 AM
May 2017

cstanleytech

(26,553 posts)
2. If you were only an 20 minutes past you might be able to get some leeway but this is days old news
Mon May 1, 2017, 09:33 AM
May 2017

plus it was posted already in LBN when it was fresh https://www.democraticunderground.com/10141762401

 

Demit

(11,238 posts)
3. Looks to me that the Appeals Court panel only sent the case back for further review.
Mon May 1, 2017, 09:41 AM
May 2017

"The panel held that under Kouba v. Allstate Ins. Co., 691 F.2d 873 (9th Cir. 1982), prior salary alone can be a “factor other than sex” if the defendant shows that its use of prior salary was reasonable and effectuated a business policy. The panel remanded the case for further proceedings, with instructions that the district court evaluate the business reasons offered by the defendant and determine whether the defendant used prior salary reasonably.

"…On remand, the district court must evaluate the four business reasons offered by the County and determine whether the County used prior salary “reasonably in light of [its] stated purpose[s] as well as its other practices.” Kouba, 691 F.2d at 876–77. We emphasize that because these matters relate to the County’s affirmative defense rather than to the elements of the plaintiff’s claim, the County has the burden of persuasion."


IOW, It's not over.

DonViejo

(60,536 posts)
4. Locking...
Mon May 1, 2017, 09:52 AM
May 2017

From the SOP of the LBN Forum:

Post the latest news from reputable mainstream news websites and blogs. Important news of national interest only. No analysis or opinion pieces. No duplicates. News stories must have been published within the last 12 hours. Use the published title of the story as the title of the discussion thread.
Latest Discussions»Latest Breaking News»9th Circuit Upholds Wage ...