Court: Compensation based on employees’ market value may correct past pay bias

Ever since Congress passed the Lilly Ledbetter Fair Pay Act, employers have had to struggle with evaluating their compensation plans to make sure they aren’t perpetuating past pay discrimination. Now a federal judge has suggested that a better approach to fixing the problem may be found in the free market. If employers use the market value of jobs as a major factor in setting compensation, then even those whose pay is lower than it would be without past discrimination will be paid fairly because their increases will be greater.