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103 Minn. L. Rev. 1041 (2018-2019)
The Ghost of Salary Past: wHy Salary History Inquiries Perpetuate the Gender Pay Gap and Should Be Ousted as a Factor other than Sex

handle is hein.journals/mnlr103 and id is 1063 raw text is: Note The Ghost of Salary Past: Why Salary History Inquiries Perpetuate the Gender Pay Gap and Should be Ousted as a Factor Other than Sex Torie Abbott Watkins* INTRODUCTION It is a story women know all too well. After years of living and working as a school teacher in Arizona,1 Aileen Rizo decided it was time for a change. She packed up her belongings, quit her job, and moved to sunny California. Due to an impressive resume and years of experience in education, Rizo soon received an offer to be a math consultant in the Fresno County, California public school district.2 The Fresno County Office of Education bases employees' salaries on a ten-step system.3 To determine a new * J.D. Candidate 2019, University of Minnesota. I would like to thank Dean Garry Jenkins, Professor Jon McClanahan Lee, Julia Wolfe, and Trevor Matthews for the time and commitment they each put into transforming this Note every step along the way. Thank you to Amy Conway at Stinson Leonard Street for informing me of the salary history inquiry debate. Thank you to Pro- fessor Jessica Clarke for sparking an interest in this topic; this Note would not exist without her perspective on and lessons in employment discrimination. Thank you to Peter Estall, David Hahn, and the staff and editors of Minnesota Law Review for their feedback, editing, and contribution. Last, and most im- portant, thank you to my family for their constant support and steadfast love. Shane, you are simply the best. Copyright @ 2018 by Torie Abbott Watkins. 1. Aileen Rizo is the real-life story behind this introduction. Her story be- came the center of the Ninth Circuit Court of Appeals case, Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018). See Elizabeth Owens, Educator Says Lawsuit Only Option Left in Fight for Fair Pay, AM. ASS'N U. WOMEN (Apr. 30, 2013), https:// www.aauw.org/2013/04/30/lawsuit-only-option-fair-pay (explaining how Rizo found out about the pay discrimination and steps she took to try to remedy the discrimination she faced); see also infra Part I.B. (discussing how employers use loopholes in the law to justify pay discrimination). 2. See Joanna L. Grossman, Discrimination Begets Discrimination: The Ninth Circuit Allows Prior Salary to Justify Paying Women Less than Men for the Same Work, JUSTIA: VERDICT (May 9, 2017), https://verdict.justia.com/2017/ 05/09/discrimination-begets-discrimination-ninth-circuit-allows-prior-salary -justify-paying-women-less-men-work. 3. See id. (explaining the pay system of the Fresno County Office of Edu- cation). 1041

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