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Response to dlk (Original post)

Mon May 1, 2017, 09:41 AM

3. Looks to me that the Appeals Court panel only sent the case back for further review.

 

"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.

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Replies to this discussion thread
Arrow 4 replies Author Time Post
dlk May 2017 OP
shenmue May 2017 #1
cstanleytech May 2017 #2
LineNew Reply Looks to me that the Appeals Court panel only sent the case back for further review.
Demit May 2017 #3
DonViejo May 2017 #4
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