Use of past pay to set starting pay is 'factor other than sex'

Many women, supported by the Equal Employment Opportunity Commission (EEOC), contend that employers perpetuate pay discrimination when they use a new hire's pay history to set starting pay. But when recently asked to consider the issue once again, the 9th Circuit reaffirmed its earlier position that past pay history can be a "factor other than sex" that provides an exception to the requirements of the federal Equal Pay Act (EPA).

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