As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting salaries based on pay at former jobs. Even for employers outside these jurisdictions, using pay history to set current compensation may run afoul of the Equal Pay Act’s sex discrimination prohibitions. On February 27, in an en banc decision, the Ninth Circuit Court of Appeals recognized that such practices can constitute sex discrimination. READ MORE