Re:Genders.wtf
by shadowgovt on Wednesday January 11, 2023 @01:46PM
(#34342637)
> Actually, this is a perfect example of something that isn't going to get the company into legal trouble
Rizzo v. Yovino, 9th Circuit ruling, indicates that basing present pay on past pay may violate the Equal Pay Act of 1963 (https://www.forbes.com/sites/ericbachman/2020/03/13/past-sal...).
... but more importantly, this case has entangled the Fresno County public school system for over a decade. That's expensive relative to the alternative of... Not doing that.
Note that this 9th circuit ruling merely stated that pointing to the use of prior pay isn't an automatic win for the defense - this just let the plaintiff go back to lower court and try the case. The case is still ongoing, the plaintiff has not won the case.
The requirements to prove a discrimination suit are far more direct: you need to prove that the company directly used protected class to make hiring or compensation decisions. And if the people making these decisions were never even informed of the candidate's protected class status it's exceptionally difficult to make the case that this was affecting this decision making.
> for example, basing a candidate's pay on 110% of their pay at their previous employer can result in implicit wage discrimination because men tend to enter the workforce at a higher pay and catch higher pay bumps in promotions
Actually, this is a perfect example of something that isn't going to get the company into legal trouble. They didn't make this decision on the basis of race, gender or another protected class. They made this decision based on something entirely objective: the candidate's previous pay. If that employee's previous employer was engaging in racial discrimination, then that's the company that vulnerable to a lawsuit.
I'm interested in this notion that you can sue your current employer, because a co-worker's past employer potentially engaged in gender discrimination that bumped their salary, which in turn was used in negotiations with the current employer. Do you have an example of any such lawsuit succeeding?