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Federal Court Upholds Salary Negotiation Defense as “Factor Other Than Sex”

On December 2nd, 2021, Judge Lawrence E. Kahn of the U.S. District Court Northern District of New York (Court) upheld an employer’s salary negotiation defense, which stated that the negotiations constituted a “factor other than sex” that excused waged disparities. Earlier, the Equal Employment Opportunity Commission (EEOC) had asked the court to reject this defense. […]

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