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Pay History Case Sent Back to Ninth Circuit Gets New Judge

April 5, 2019, 6:18 PM

A federal appeals court in San Francisco selected a replacement for the late Judge Stephen Reinhardt in a case that asks whether companies may use workers’ salary histories to set starting pay.

The U.S. Supreme Court sent the case back to the U.S. Court of Appeals for the Ninth Circuit in February because Reinhardt died 11 days before the full appeals court issued an April 2018 opinion reviving a math consultant’s Equal Pay Act discrimination claim against Fresno County, Calif.

Although Reinhardt fully participated in deciding the case and wrote the decision before he passed away on March 29, 2018, ...