[Download January 12, 2008 Argument Calendar PDF]
AT&T Corporation v. Noreen Hulteen, et al.
Civil Rights, Benefits
Before the passage of the Pregnancy Discrimination Act of 1978 (PDA), it was
lawful to award less service credit for pregnancy leaves than for other temporary
disability leaves. Gilbert v. Gen. Elec. Co., 429 U.S. 125 (1976). Accordingly, the
questions presented are
1. Whether an employer engages in a current violation of Title VII when, in making
post-PDA eligibility determinations for pension and other benefits, the employer fails
to restore service credit that female employees lost when they took pregnancy
leaves under lawful pre-PDA leave policies.
2. Whether the Ninth Circuit’s finding of a current violation of Title VII in such
circumstances gives impermissible retroactive effect to the PDA.
Carter G. Phillips
Sidley Austin LLP
Judith E. Kurtz
Law Offices of Judith E. Kurtz
San Francisco, CA
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