Yovino v. Rizo: The Equal Pay Act and Salary History Defense

The U.S. Supreme Court declined to review Yovino v. Rizo in 2020, leaving in place a Ninth Circuit Court decision that the use of salary history when determining compensation levels violates the Equal Pay Act of 1963. Aileen Rizo, a math consultant for the Fresno County School District, had argued that the basing of her starting salary on her previous level of compensation perpetuated past salary discrimination. Salary history is a common tool for setting starting salaries, and was used by the school district in a gender-neutral, uniform manner. A critical analysis of the technique, however, shows that salary history does not reflect job-related knowledge, skills, and abilities and has a disparate impact on female applicants and employees. Alternatively, public employers bear the responsibility to advertise competitive pay rates that reflect internal and market-based considerations.