The Ninth Circuit Court of Appeals recently ruled that employers cannot pay female employees less than their male coworkers for the same work, based on their salaries from their previous positions. The decision overturns a ruling made last year by a smaller panel of Ninth Circuit judges.
Jay Holland recently sat down with Law 360 to weigh in on the controversy surrounding the new decision. While some argue that this will be beneficial in closing the wage gap, others point out that many women will have lower previous salaries due to the existing wage gap. “Does this mean that this rule of general application only applies in some antiseptic review of a stack of resumes?” Holland asked. “Most hirings involve some form of individual negotiation, so it’s confusing.”
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Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.
