Judge’s Death Prompts High Court to Return Pay History Case (1)

The Supreme Court Feb. 25 sent back to the Ninth Circuit a case asking whether an employer may use an employee’s salary at a prior job as a factor when setting the worker’s starting pay.

The late Judge Stephen Reinhardt, who sat on the U.S. Court of Appeals for the Ninth Circuit for nearly 40 years, died March 29, 2018—11 days before the full court issued its opinion reviving Aileen Rizo’s case against Fresno County, Calif. The county concedes it paid Rizo, a math consultant for its public school system, less than her male peers. It says it based her ...