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Rizo v. Yovino

Articles Discussing Case:

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

Littler Mendelson, P.C. • February 28, 2019
On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino,1 in which it held an employer cannot justify a wage differential between men and women by relying on prior salary. The Supreme Court determined that the Ninth Circuit’s publication of the Rizo decision was contrary to established appellate precedent and judicial practice because the judge who authored the majority decision was deceased at the time the decision issued.2 Explaining that “federal judges are appointed for life, not for eternity,” the Supreme Court granted certiorari and vacated the Ninth Circuit’s decision.3
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