Daily Labor Report®

SCOTUS Again Delays Action on Gender Pay Gap Case

Jan. 14, 2019, 6:03 PM

The U.S. Supreme Court will take another look at a petition for review that could present it with the opportunity to tackle an issue critics say perpetuates the gender pay gap.

The issue in the case is whether an employer can consider an employee’s salary at a prior job when setting pay. Critics say the practice violates the Equal Pay Act because it carries sex-based pay discrimination from one job to the next. Federal appeals courts are divided on the issue.

The Supreme Court has now relisted the petition for its conferences a couple of times. Relisting a petition for certiorari at more than one conference has, in recent terms, been a sign that the court is more likely to grant review. It could also mean that one or more justices are writing a dissent or statement to accompany the court’s decision not to hear the case.

The court is coming up against a deadline for granting review that would allow it to hold arguments before its current term ends in June. The court generally has to grant review by mid-January so the parties have enough time to complete briefing before holding argument.

The case is Yovino v. Rizo, U.S., No. 18-272, relisted 1/14/19.

To contact the reporter on this story: Jon Steingart in Washington at jsteingart@bloomberglaw.com

To contact the editor responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com

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