Attorney(s) appearing for the Case
Shay Dvoretzky (argued), Jones Day, Washington, D.C.; Michael G. Woods and Timothy J. Buchanan , McCormick Barstow Sheppard Wayte & Carruth LLP, Fresno, California; for Defendant-Appellant.
Daniel M. Siegel (argued) and Kevin Brunner , Siegel & Yee, Oakland, California, for Plaintiff-Appellee.
Jessica Stender (argued), Equal Rights Advocates, San Francisco, California, for Amici Curiae Equal Rights Advocates; 9 to 5, National Association of Working Women; American Association of University Women; American Association of University Women — California Chapter; ACLU of Northern California and ACLU Women's Rights Project; Atlanta Women for Equality; California Women's Law Center; Feminist Majority Foundation; Legal Aid at Work; Legal Voice; National Organization for Women (NOW) Foundation; National Partnership for Women and Families; National Women's Law Center; Southwest Women's Law Center; Women Employed; and Women's Law Project.
Barbara L. Sloan (argued), Attorney; Margo Pave and Elizabeth E. Theran , Assistant General Counsel; Jennifer S. Goldstein , Associate General Counsel; James L. Lee , Deputy General Counsel; P. David Lopez , General Counsel; Office of the General Counsel, Washington, D.C.; as and for Amicus Curiae Equal Employment Opportunity Commission.
Laurence S. Zakson , Aaron G. Lawrence , and Marianne Reinhold , Reich Adell & Cvitan APLC, Los Angeles, California, for Amici Curiae Make-Up Artists and Hair Stylists Guild, Local 706 of the International Alliance of Theatrical State Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC; Costume Designers Guild, Local 892 of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC; and Orange County Managers Association.
Rae T. Vann and Danny E. Petrella , Washington, D.C., for Amicus Curiae Center for Workplace Compliance.
Concurrence by Judge Watford.
REINHARDT, Circuit Judge:
The Equal Pay Act stands for a principle as simple as it is just: men and women should receive equal pay for equal work regardless of sex. The question before us is also simple: can an employer justify a wage differential between male and female employees by relying on prior salary? Based on the text,...
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