No. 19-1176

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

Lower Court: Ninth Circuit
Docketed: 2020-03-27
Status: Denied
Type: Paid
Amici (3)Relisted (3) Experienced Counsel
Tags: circuit-split employment-law equal-pay-act factor-other-than-sex gender-discrimination merit-system prior-salary salary-history seniority-system sex-discrimination statutory-interpretation wage-differential wage-gap
Key Terms:
Environmental Arbitration ERISA SocialSecurity EmploymentDiscrimina
Latest Conference: 2020-07-01 (distributed 3 times)
Question Presented (AI Summary)

Is prior salary '[an]other factor other than sex' under the Equal Pay Act?

Question Presented (from Petition)

QUESTION PRESENTED 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 “[an]other factor other than sex”?

Docket Entries

2020-07-02
Petition DENIED.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-23
Rescheduled.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-06-16
Rescheduled.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-06-01
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2020-06-01
Reply of petitioner Fresno County Superintendent of Schools filed. (Distributed)(6/3/2020)
2020-05-27
Brief of respondent Aileen Rizo in opposition filed.
2020-04-27
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2020-04-27
Brief amicus curiae of Center for Workplace Compliance filed.
2020-04-22
Brief amicus curiae of Society for Human Resource Management filed.
2020-04-16
Motion to extend the time to file a response is granted in part; the time is extended to and including May 27, 2020.
2020-04-13
Motion to extend the time to file a response from April 27, 2020 to June 26, 2020, submitted to The Clerk.
2020-03-24
Petition for a writ of certiorari filed. (Response due April 27, 2020)

Attorneys

Aileen Rizo
Daniel Mark SiegelSiegel, Yee, Brunner & Mehta, Respondent
Daniel Mark SiegelSiegel, Yee, Brunner & Mehta, Respondent
Center for Workplace Compliance
Danny E. PetrellaNT Lakis, LLP, Amicus
Danny E. PetrellaNT Lakis, LLP, Amicus
Chamber of Commerce of the United States of America, et al.
Jonathan Saul FranklinNorton Rose Fulbright US LLP, Amicus
Jonathan Saul FranklinNorton Rose Fulbright US LLP, Amicus
Fresno County Superintendent of Schools
Shay DvoretzkyJones Day, Petitioner
Shay DvoretzkyJones Day, Petitioner
Society for Human Resource Management
Camille A. OlsonSeyfarth Shaw LLP, Amicus
Camille A. OlsonSeyfarth Shaw LLP, Amicus