Law Commons^™

Money Talks: Using Prior Salary As An Affirmative Defense In Equal Pay Claims, Mariah Savage

Utah Law Review

The wage gap is alive and well, with women on average making 82 cents for every dollar a man makes. Moreover, the wage gap has stagnated, with no significant progress being made to close the gap for the past ten years. In light of this stagnation, it is important to review current practices and consider steps that could be taken in order to catalyze a modern effort at closing the wage gap. One commonplace business practice that should be addressed is an employer’s use of an employee’s prior salary to determine starting pay. Courts are divided as to whether employers …