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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-15372 · judgment February 27, 2020

Certiorari denied · July 2, 2020
Pre-decision estimate: 37% cert probability (95% interval 27%–48%)

Before the decision, about 9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Ninth Circuit decision below.

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 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 “[an]other factor other than sex”?

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Daniel Mark Siegel
Siegel, Yee, Brunner & Mehta

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Jul 02 2020
    Petition DENIED.
  2. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  3. Jun 23 2020
    Rescheduled.
  4. Jun 22 2020
    DISTRIBUTED for Conference of 6/25/2020.
  5. Jun 16 2020
    Rescheduled.
  6. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  7. Jun 01 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
  8. Jun 01 2020
    Reply of Fresno County Superintendent of Schools not accepted for filing. (June 02, 2020 - Corrected brief to be submitted)
  9. Jun 01 2020
    Reply of petitioner Fresno County Superintendent of Schools filed. (Distributed)(6/3/2020)
  10. May 27 2020
    Brief of Aileen Rizo in opposition not accepted for filing. (May 29, 2020) (Corrected verison submitted).
  11. May 27 2020
    Brief of respondent Aileen Rizo in opposition filed.
  12. Apr 27 2020
    Brief amicus curiae of Center for Workplace Compliance filed.
  13. Apr 27 2020
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  14. Apr 22 2020
    Brief amicus curiae of Society for Human Resource Management filed.
  15. Apr 16 2020
    Motion to extend the time to file a response is granted in part; the time is extended to and including May 27, 2020.
  16. Apr 13 2020
    Motion to extend the time to file a response from April 27, 2020 to June 26, 2020, submitted to The Clerk.
  17. Mar 24 2020
    Petition for a writ of certiorari filed. (Response due April 27, 2020)