This morning, the U.S. Supreme Court punted a key Equal Pay Act (“EPA”) case back to the Ninth Circuit because the decision’s author, Judge Stephen Reinhardt, passed away shortly before the decision was formally issued.
Yovino v. Rizo is a significant EPA case that has been winding its way through the courts for years. In 2017, a Ninth Circuit panel held that a wage differential based on prior salary can qualify as a “factor other than sex” under the EPA. But, in 2018, the Ninth Circuit, sitting en banc, came to the opposite conclusion: “prior salary alone or in combination with other factors cannot justify a wage differential.” The en banc opinion was authored by Judge Reinhardt, who passed away 11 days before the decision was issued. The opinion acknowledged the Judge’s passing with a footnote stating that voting had been completed and the decision was written prior to his death. Continue Reading Supreme Court Vacates Deceased Judge’s Key EPA Decision