Workplace Equity

SHRM Submits Supreme Court Brief on Use of Pay History

The Supreme Court will soon decide whether to take up a Ninth Circuit case, Yovino v. Rizo, to address the issue of whether the Equal Pay Act allows employers to take prior salary into consideration when making pay decisions.

Specifically, the case would determine whether prior salary is a “factor other than sex” under the Equal Pay Act. In order to better understand the reasons why some employers consider prior pay among the factors they use in making pay decisions, SHRM conducted a recent poll of 616 members to provide a snapshot of use. Learn more about the results here.

SHRM’s amicus brief argues that the Supreme Court should take the case to provide employers clarity and resolve conflicting approaches in the federal circuits that has a negative effect on hiring and compensation practices nationwide.