Aileen RIZO, Plaintiff-Appellee,
v.
Jim YOVINO, Fresno County Superintendent of Schools, Erroneously Sued Herein as Fresno County Office of Education, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Resubmitted En Banc September 24, 2019 San Francisco, California.
Jessica Stender (argued) and Jennifer A. Reisch , Equal Rights Advocates, San Francisco, California; Marianne Reinhold , Laurence S. Zakson , and Aaron G. Lawrence , Reich Adell & Cvitan, Los Angeles, California; for Amici Curiae Equal Rights Advocates; 9to5, National Association of Working Women; American Association of University Women; American Association of University Women—California Chapter; ACLU of Northern California and ACLU Women's Rights Project; Atlanta Women for Equality; California Women's Law Center; Feminist Majority Foundation; Legal Aid at Work; Legal Voice; National Organization for Women (NOW) Foundation; National Partnership for Women and Families; National Women's Law Center; Southwest Women's Law Center; Women Employed; and Women's Law Project; Make-Up Artists and Hair Stylists Guild, Local 706 of the International Alliance of Theatrical State Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC; Costume Designers Guild, Local 892 of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC; Orange County Managers Association; Clearinghouse on Women's Issues; Gender Justice; KWH Law Center for Social Justice and Change; and National Asian Pacific American Women's Forum; National Council of Jewish Women.
Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown, William A. Fletcher, Richard A. Paez, Marsha S. Berzon, Richard C. Tallman, Consuelo M. Callahan, Carlos T. Bea, Mary H. Murguia, Morgan B. Christen, and Paul J. Watford, Circuit Judges.
OPINION
CHRISTEN, Circuit Judge:
In 1963, Congress enacted the Equal Pay Act with a mandate as simple as it was profound: equal pay for equal work. The question we consider today is whether Aileen Rizo's prior rate of pay is a "factor other than sex" that allows Fresno County's Office of Education to pay her less than male employees who...
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