Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2018 Term
Lower Court Opinion
Questions Presented
1. The Equal Pay Act permits employers to pay men and women different wages for the same work “where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.” 29 U.S.C. § 206(d)(1). Is prior salary a “factor other than sex”?
2. May deceased judges continue to participate in the determination of cases after their deaths?
Case Updates
Supreme Court grants petition, vacates judgment, and remands case for further proceedings
February 25, 2019
Click here to view the opinion per curiam.
U.S. Chamber files amicus brief urging Supreme Court to grant cert. to review divided en banc decision from Ninth Circuit that Equal Pay Act precludes employers from considering applicants’ pay history
October 04, 2018
Click here to view the amicus brief filed by the U.S. Chamber and the Society for Human Resource Management.
Jonathan S. Franklin and Peter B. Siegal of Norton Rose Fulbright US LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Opinion -- Rizo v. Yovino (Ninth Circuit).pdf
- Cert. Petition -- Fresno County Superintendent of Schools v. Rizo (U.S. Supreme Court).pdf
- Appendix -- Fresno County Superintendent of Schools v. Rizo (U.S. Supreme Court).pdf
- U.S. Chamber and SHRM Amicus Brief -- Yovino v. Rizo (U.S. Supreme Court).pdf
- Center for Workplace Compliance and NFIB Amicus Brief -- Fresno County Superintendent of Schools v. Rizo (U.S. Supreme Court).pdf
- Per Curiam Opinion -- Yovino v. Rizo (U.S. Supreme Court).pdf