Woman Wins Equal Pay Suit In 9th Circuit Reversal

In a rare turnaround after being petitioned for a rehearing, the 9th Circuit Court of Appeals has ruled that women cannot be paid less than men based on a work history of lesser pay. The court sided with Aileen Rizo, who filed suit after realizing her male counterparts at the Fresno (Cal.) County Office of Education were being paid more than her. The ruling overrules a previous interpretation of the 1963 Equal Pay Act by the 9th Circuit, which called the gender pay gap “an embarrassing reality of our economy,” in its opinion. Women earn about 80 cents for every dollar their male counterparts earn for doing the same work. The ruling came out on April 9, one day before Equal Pay Day — when advocates work to raise awareness and push for closing the gap. A work history of lesser pay simply memorializes the gap and uses that information to perpetuate it, an argument the court ultimately bought, after initially disagreeing.