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After a three-judge panel in April ruled the prior salary could be used to justify the pay gap, the U.S. Equal Employment Opportunity Commission and other women’s rights advocates urged the court to reconsider. (Image: Shutterstock)

The question before a federal appeals court last week centered around a common hiring practice that women’s rights advocates say perpetuates the gender wage gap: whether or not an employer’s use of prior salary to determine wages unfairly justifies paying women less than men.

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