No. 16-15372.

950 F.3d 1217 (2020)

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.

Filed February 27, 2020.

Attorney(s) appearing for the Case

Shay Dvoretsky (argued) and Jeffrey R. Johnson , Jones Day, Washington, D.C.; Michael G. Woods and Timothy J. Buchanan , McCormick Barstow Sheppard Wayte & Carruth LLP, Fresno, California; for Defendant-Appellant.

Daniel M. Siegel (argued) and Kevin Brunner , Siegel Yee Brunner & Mehta, Oakland, California, for Plaintiff-Appellee.

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.

Barbara L. Sloan (argued), Attorney; Margo Pave and Elizabeth E. Theran , Assistant General Counsel; Jennifer S. Goldstein , Associate General Counsel; James L. Lee , Deputy General Counsel; P. David Lopez , General Counsel; Office of the General Counsel, Washington, D.C.; as and for Amicus Curiae Equal Employment Opportunity Commission.

Rae T. Vann and Danny E. Petrella , Washington, D.C., for Amicus Curiae Center for Workplace Compliance.

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.


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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