In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the:

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The U.S. Court of Appeals for the Ninth Circuit in Kouba v. Allstate Insurance Co. held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the Equal Pay Act. This decision indicates that prior salary can be considered as a factor in pay decisions under certain circumstances, without violating the Equal Pay Act's provisions against wage discrimination based on sex.

In Kouba V