The U.S. Supreme Court on Monday said a lower federal appeals court was wrong to count a deceased judge in its majority decision in a major case involving whether employers can use salary history as a reason to pay a woman less than a man for the same work.

The justices said in an unsigned opinion in Yovino v. Rizo, that Judge Stephen Reinhardt was no longer a judge when the U.S. Court of Appeals for the Ninth Circuit filed its en banc opinion. The court vacated a ruling that forbade employers from using prior salary history in justifying wage differences between male and female employees. The justices did not examine the merits of the dispute.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]