U.S. Supreme Court

Case Status


Docket Number


2018 Term


Questions Presented

1. 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 a “factor other than sex”?

2. May deceased judges continue to participate in the determination of cases after their deaths?

Case Updates

Supreme Court grants petition, vacates judgment, and remands case for further proceedings

February 25, 2019

Click here to view the opinion per curiam.

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

October 04, 2018

Click here to view the amicus brief filed by the U.S. Chamber and the Society for Human Resource Management.

Jonathan S. Franklin and Peter B. Siegal of Norton Rose Fulbright US LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents