No. 18-272

Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo

Lower Court: Ninth Circuit
Docketed: 2018-09-04
Status: Judgment Issued
Type: Paid
Amici (2)Relisted (6) Experienced Counsel
Tags: circuit-split civil-rights compensation due-process employment employment-law equal-pay-act factor-other-than-sex gender-discrimination prior-salary sex-discrimination wage-differential
Key Terms:
Environmental Arbitration ERISA SocialSecurity EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 6 times)
Question Presented (AI Summary)

Whether prior salary is a factor other than sex' under the Equal Pay Act

Question Presented (OCR Extract)

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 senlority system; (11) a merit system; (111) 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?

Docket Entries

2019-03-29
JUDGMENT ISSUED.
2019-02-25
Petition GRANTED. The judgment is VACATED and the case is REMANDED for further proceedings consistent with this <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-272_4hdj.pdf'>opinion</a>. <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-272_4hdj.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-272_4hdj.pdf'>Opinion</a>). Justice Sotomayor concurs in the judgment.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
DISTRIBUTED for Conference of 1/18/2019.
2019-01-07
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-19
Reply of petitioner Fresno County Superintendent of Schools filed.
2018-11-05
Brief of respondent Aileen Rizo in opposition filed.
2018-10-04
Brief amici curiae of Center for Workplace Compliance, et al. filed.
2018-10-04
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2018-09-21
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
2018-09-17
Motion to extend the time to file a response from October 4, 2018 to November 5, 2018, submitted to The Clerk.
2018-08-30
Petition for a writ of certiorari filed. (Response due October 4, 2018)
2018-08-15
Application (17A1404) granted by The Chief Justice extending the time to file until September 4, 2018.
2018-08-13
Application (17A1404) to extend further the time from August 23, 2018 to September 4, 2018, submitted to The Chief Justice.
2018-06-26
Application (17A1404) granted by Justice Kennedy extending the time to file until August 23, 2018.
2018-06-22
Application (17A1404) to extend the time to file a petition for a writ of certiorari from July 8, 2018 to August 23, 2018, submitted to Justice Kennedy.

Attorneys

Aileen Rizo
Daniel Mark SiegelSiegel, Yee & Brunner, Respondent
Daniel Mark SiegelSiegel, Yee & Brunner, Respondent
Center for Workplace Compliance and NFIB Small Business Legal Center
Rae Thiesfield VannNT Lakis, LLP, Amicus
Rae Thiesfield VannNT Lakis, LLP, Amicus
Fresno County Superintendent of Schools
Shay DvoretzkyJones Day, Petitioner
Shay DvoretzkyJones Day, Petitioner
The Chamber of Commerce of the United States of America and the Society for Human Resource Management
Jonathan Saul FranklinNorton Rose Fulbright US LLP, Amicus
Jonathan Saul FranklinNorton Rose Fulbright US LLP, Amicus