Jennifer Smith v. Florida Agricultural & Mechanical University Board of Trustees

The questions presented are:

1. Whether, under federal equal pay laws, the employer unlawfully discriminated against a female employee by failing to apply its salary equity adjustment formula to her, as three circuits have held, because the outcome would result in a salary commensurate to the highest paid male (classified as an "outlier") in the employee's job category.

2. When a female employee receives a revised salary based on unknown “other factors” after an unsuccessful challenge to her prior salary as discriminatory under federal equal pay laws and the employer does not apply its salary adjustment formula to her as it did for her male comparators, whether collateral estoppel bars her from challenging her revised salary because the issue was not actually litigated as held in New Hampshire v. Maine, 532 U.S. 742 (2001).

3. When an employee’s salary is not increased to the minimal amount required under the employer’s salary equity formula, whether the loss of the higher salary is an “adverse employment action” under federal equal pay laws, and as defined under Burlington Northern & Santa Fe Railway Company v. White, 548 U.S. 53 (2006).