U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions 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”?

Case Updates

Cert. petition denied

July 02, 2020

U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. to review divided en banc Ninth Circuit’s decision that Equal Pay Act precludes employers from considering applicants’ pay history

April 27, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber and National Federation of Independent Business. Jonathan S. Frankel of Norton Rose Fulbright US LLP served as co-counsel for the amici.

Case Documents