Supreme Court Rules on Pre-1978 Maternity Leave for Service Credit

 The Court rules that women who took maternity leave prior to the 1978 Pregnancy Discrimination Act could not sue to have their leave count towards pension service.

Document Excerpt

The question is whether an employer necessarily violates the Pregnancy Discrimination Act (PDA), 42 U. S. C. §2000e(k), when it pays pension benefits calculated in part under an accrual rule, applied only prior to the PDA, that gave less retirement credit for pregnancy leave than for medical leave generally. We hold there is no necessaryviolation; and the benefit calculation rule in this case is part of a bona fide seniority system under §703(h) of Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e–2(h), which insulates it from challenge.
 

 

Link http://www.supremecourtus.gov/opinions/08pdf/07-543.pdf

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