hulteen
et
argued
december
decided
may
petitioner
companies
collectively
long
based
pension
calculations
seniority
system
relied
years
service
minus
uncredited
leave
time
giving
less
retirement
credit
pregnancy
absences
medical
leave
generally
response
ruling
general
elec
gilbert
differential
treatment
pregnancy
leave
discrimination
prohibited
title
vii
civil
rights
act
congress
added
pregnancy
discrimination
act
pda
title
vii
make
clear
discriminatory
treat
conditions
less
favorably
medical
conditions
newport
news
shipbuilding
dry
dock
eeoc
pda
effective
date
replaced
old
plan
anticipated
disability
plan
provided
service
credit
pregnancy
leave
disabilities
prospectively
make
retroactive
adjustments
personnel
policies
individual
respondents
therefore
received
less
service
credit
pregnancy
leave
general
disability
leave
resulting
reduction
total
employment
term
consequently
smaller
pensions
along
union
also
respondent
filed
equal
employment
opportunity
commission
charges
alleging
discrimination
based
sex
pregnancy
violation
title
vii
eeoc
issued
respondent
collectively
hulteen
determination
letter
finding
reasonable
cause
believe
discriminated
letter
hulteen
filed
suit
district
held
bound
ninth
circuit
precedent
finding
title
vii
violation
retirement
eligibility
calculations
incorporated
accrual
rules
differentiated
based
pregnancy
circuit
affirmed
held
employer
necessarily
violate
pda
pays
pension
benefits
calculated
part
accrual
rule
applied
gave
less
retirement
credit
pregnancy
medical
leave
generally
pension
payments
accord
bona
fide
seniority
system
terms
insulated
challenge
title
vii
pp
benefit
calculation
rule
protected
provides
shall
unlawful
employment
practice
employer
apply
different
standards
compensation
pursuant
bona
fide
seniority
system
provided
differences
result
intention
discriminate
sex
teamsters
held
vii
seniority
system
disproportionately
advantaged
white
minority
employees
nevertheless
exemplified
bona
fide
system
without
discriminatory
terms
discrimination
resulted
employer
hiring
practices
job
assignments
system
must
also
viewed
bona
fide
system
discriminatory
terms
controls
result
teamsters
held
gilbert
accrual
rule
limiting
seniority
credit
time
taken
pregnancy
leave
unlawfully
discriminate
basis
sex
matter
law
time
exclusion
pregnancy
plan
providing
general
coverage
discrimination
way
conclude
protect
system
read
pda
applying
retroactively
recharacterize
acts
illegal
done
serious
possibility
generally
presumption
retroactivity
unless
congress
affirmatively
considered
potential
unfairness
retroactive
application
determined
acceptable
price
pay
countervailing
benefits
landgraf
usi
film
products
clear
intent
section
details
unlawful
employment
practice
occurs
respect
seniority
system
adopted
intentionally
discriminatory
purpose
application
gilbert
unquestionably
held
feature
seniority
system
issue
discriminatory
adopted
let
alone
intentionally
argued
chosen
give
credit
pregnancy
leave
hulteen
retired
failure
facially
discriminatory
time
choice
rely
favorable
statute
turned
every
past
differentiation
contemporary
discrimination
never
apply
finally
bazemore
friday
vii
compensation
plan
giving
black
employees
less
pay
whites
held
violate
title
vii
effective
date
inapplicable
bazemore
plan
involve
seniority
system
subject
employer
failed
eliminate
discriminatory
practice
title
vii
became
law
pp
recent
amendment
making
unlawful
employment
practice
individual
affected
application
discriminatory
compensation
decision
practice
including
time
benefits
paid
resulting
decision
stat
help
hulteen
decision
award
hulteen
service
credit
pregnancy
leave
discriminatory
consequence
hulteen
affected
application
discriminatory
compensation
decision
practice
pp
reversed
souter
delivered
opinion
roberts
stevens
scalia
kennedy
thomas
alito
joined
stevens
filed
concurring
opinion
ginsburg
filed
dissenting
opinion
breyer
joined
corporation
petitioner
noreen
hulteen
et
al
writ
certiorari
appeals
ninth
circuit
may
justice
souter
delivered
opinion
question
whether
employer
necessarily
violates
pregnancy
discrimination
act
pda
pays
pension
benefits
calculated
part
accrual
rule
applied
prior
pda
gave
less
retirement
credit
pregnancy
leave
medical
leave
generally
hold
necessary
violation
benefit
calculation
rule
case
part
bona
fide
seniority
system
title
vii
civil
rights
act
insulates
challenge
since
corporation
american
telephone
telegraph
company
bell
system
operating
companies
including
pacific
telephone
telegraph
company
hereinafter
collectively
provided
pensions
benefits
based
seniority
system
relies
upon
employee
term
employment
understood
period
service
company
minus
uncredited
leave
early
employees
disability
leave
got
full
service
credit
entire
periods
absence
took
personal
leaves
absence
received
maximum
service
credit
days
leave
pregnancy
treated
personal
disability
altered
practice
adopting
maternity
payment
plan
mpp
entitling
pregnant
employees
disability
benefits
service
credit
six
weeks
leave
absence
went
beyond
six
weeks
however
treated
personal
leave
benefits
credit
whereas
employees
disability
unrelated
pregnancy
continued
receive
full
service
credit
duration
absence
differential
treatment
pregnancy
leave
plan
mpp
lawful
general
elec
gilbert
concluded
disability
benefit
plan
excluding
disabilities
related
pregnancy
discrimination
within
meaning
title
vii
civil
rights
act
stat
amended
et
seq
congress
amended
title
vii
passing
pda
stat
superseded
gilbert
make
clear
discriminatory
treat
conditions
less
favorably
medical
conditions
newport
news
shipbuilding
dry
dock
eeoc
april
effective
date
pda
adopted
anticipated
disability
plan
replaced
mpp
provided
service
credit
pregnancy
leave
basis
leave
taken
temporary
disabilities
however
make
retroactive
adjustments
service
credit
calculations
women
subject
personnel
policies
four
women
named
respondents
case
received
less
service
credit
pregnancy
leave
accrued
leave
disability
seven
months
less
noreen
hulteen
six
months
eleanora
collet
two
elizabeth
snyder
linda
porter
respondents
hulteen
collet
snyder
retired
respondent
porter
yet
total
term
employment
decreased
due
pregnancy
leave
entitled
greater
pension
benefit
eventually
individual
respondents
respondent
communications
workers
america
cwa
representative
majority
nonmanagement
employees
filed
charges
discrimination
equal
employment
opportunity
commission
eeoc
alleging
discrimination
basis
sex
pregnancy
violation
title
vii
eeoc
issued
letter
determination
finding
reasonable
cause
believe
discriminated
respondent
hulteen
class
female
employees
whose
adjusted
commencement
service
date
used
determine
eligibility
service
disability
pension
amount
pension
benefits
eligibility
certain
benefits
programs
including
early
retirement
offerings
app
eeoc
issued
notice
right
sue
named
respondent
cwa
collectively
hulteen
hulteen
filed
suit
district
northern
district
california
dueling
motions
summary
judgment
district
held
bound
prior
ninth
circuit
decision
pallas
pacific
bell
found
title
vii
violation
retirement
eligibility
calculations
incorporated
accrual
rules
differentiated
basis
pregnancy
see
app
pet
cert
circuit
en
banc
affirmed
held
pallas
conclusion
calculation
service
credit
excluding
time
spent
pregnancy
leave
violates
title
vii
correct
ninth
circuit
decision
directly
conflicts
holdings
sixth
seventh
circuits
reliance
differential
accrual
rule
determine
pension
benefits
constitute
current
violation
title
vii
see
ameritech
benefit
plan
comm
communication
workers
finding
actionable
title
vii
violation
given
existence
bona
fide
seniority
system
leffman
sprint
characterizing
claim
challenging
continuing
effects
past
discrimination
rather
alleging
current
title
vii
violation
granted
certiorari
order
resolve
split
reverse
judgment
ninth
circuit
ii
title
vii
makes
unlawful
employment
practice
employer
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
sex
generally
claim
title
vii
must
filed
within
one
hundred
eighty
days
alleged
unlawful
employment
practice
occurred
case
hulteen
identified
challenged
practice
applying
terms
seniority
system
calculate
pay
pension
benefits
women
took
pregnancy
leaves
april
says
claim
timely
old
service
credit
differential
pregnancy
leave
carried
forward
system
calculations
produce
effect
amount
benefit
payments
began
question
payment
pension
benefits
case
function
seniority
system
given
fact
calculating
benefits
pension
plan
depends
part
employee
term
employment
said
system
scheme
alone
tandem
criteria
allots
employees
ever
improving
employment
rights
benefits
relative
lengths
pertinent
employment
increase
california
brewers
assn
bryant
omitted
hulteen
also
undoubtedly
correct
personnel
policies
affecting
calculation
employee
start
date
considered
ancillary
rules
elements
system
necessary
operate
rules
define
passages
time
towards
accrual
seniority
contrary
hulteen
position
establishing
continuity
seniority
system
whose
results
depend
part
obsolete
rules
entailing
disadvantage
employees
resolve
case
although
adopting
service
credit
rule
unfavorable
pregnancy
leave
violate
title
vii
today
seniority
system
necessarily
violate
statute
gives
current
effect
rules
operated
pda
eniority
systems
afforded
special
treatment
title
vii
trans
world
airlines
hardison
reflecting
congress
understanding
stability
valuable
right
hence
notwithstanding
provision
subchapter
shall
unlawful
employment
practice
employer
apply
different
standards
compensation
different
terms
conditions
privileges
employment
pursuant
bona
fide
seniority
system
provided
differences
result
intention
discriminate
race
color
religion
sex
national
origin
benefit
differentials
produced
bona
fide
pension
plan
permitted
unless
result
intention
discriminate
teamsters
advantages
seniority
system
flowed
disproportionately
white
minority
employees
employer
prior
discrimination
job
assignments
recognized
disproportionate
distribution
advantages
real
sense
operate
freeze
status
quo
prior
discriminatory
employment
practices
ut
literal
terms
legislative
history
title
vii
demonstrate
congress
considered
effect
many
seniority
systems
extended
measure
immunity
internal
quotation
marks
omitted
unmistakable
purpose
make
clear
routine
application
bona
fide
seniority
system
unlawful
title
vii
seniority
system
teamsters
exemplified
bona
fide
system
without
discriminatory
terms
discrimination
occurred
executive
action
hiring
employees
assigning
jobs
conclude
system
genesis
discrimination
maintained
free
illegal
purpose
system
must
also
viewed
bona
fide
system
discriminatory
terms
consequence
subsection
controls
result
teamsters
true
case
rule
differential
treatment
element
seniority
system
taint
system
terms
subsection
held
gilbert
accrual
rule
limiting
seniority
credit
time
taken
pregnancy
leave
unlawfully
discriminate
basis
sex
matter
law
time
exclusion
pregnancy
plan
providing
general
coverage
discrimination
although
pda
made
discriminatory
continue
accrual
policies
old
rule
amended
rule
effective
date
act
april
new
one
treating
pregnancy
temporary
disabilities
way
remains
part
seniority
system
today
account
litigation
legislation
evolution
system
terms
answer
hulteen
argument
teamsters
supports
position
correctly
points
seniority
system
perpetuates
effects
discrimination
bona
fide
intent
discriminate
entered
adoption
characterize
seniority
system
intentionally
discriminatory
theory
accrual
rule
pregnancy
leave
facially
discriminatory
start
claims
support
automobile
workers
johnson
controls
said
explicit
facial
discrimination
depend
employer
discriminates
rather
explicit
terms
discrimination
facial
discrimination
intentional
discrimination
even
based
underlying
malevolence
hulteen
accordingly
claims
superseded
differential
affecting
current
benefits
remains
discriminatory
precisely
way
pda
prohibits
brief
respondents
automobile
workers
point
policy
case
prohibiting
women
working
jobs
lead
exposure
unless
show
incapable
child
bearing
put
place
pda
became
law
terms
facially
discriminatory
case
however
intent
adopted
pregnancy
leave
rule
pda
give
differential
treatment
matter
law
gilbert
held
discrimination
differential
accrual
rule
therefore
permissible
differentiation
given
law
time
nothing
seniority
system
odds
subsection
bona
fide
requirement
consequence
subsection
applicable
teamsters
calculations
credited
service
determine
pensions
results
permissibly
different
standard
subsection
way
conclude
subsection
support
application
system
read
pda
applying
retroactively
recharacterize
acts
illegal
done
contra
serious
possibility
said
ecause
accords
widely
held
intuitions
statutes
ordinarily
operate
presumption
retroactivity
generally
coincide
legislative
public
expectations
requiring
clear
intent
assures
congress
affirmatively
considered
potential
unfairness
retroactive
application
determined
acceptable
price
pay
countervailing
benefits
landgraf
usi
film
products
clear
intent
indeed
indication
congress
retroactive
application
mind
evidence
points
way
congress
provided
pda
take
effect
date
enactment
except
application
certain
benefit
programs
effectiveness
held
back
days
act
stat
house
report
adverted
benefit
schemes
gilbert
decision
permits
employers
exclude
coverage
employee
benefit
plans
bill
provides
transition
period
days
allow
employees
sic
comply
explicit
provisions
amendment
committee
intention
provide
orderly
equitable
transition
least
disruption
employers
employees
consistent
purposes
bill
language
prospective
intent
retrospective
revision
hulteen
argues
nonetheless
challenge
current
payment
pension
benefits
title
vii
believing
mistakenly
subsection
affects
validity
arrangement
predating
pda
facially
discriminatory
instituted
today
brief
respondents
section
provides
unlawful
employment
practice
occurs
respect
seniority
system
adopted
intentionally
discriminatory
purpose
violation
subchapter
whether
discriminatory
purpose
apparent
face
seniority
provision
seniority
system
adopted
individual
becomes
subject
seniority
system
person
aggrieved
injured
application
seniority
system
provision
system
text
makes
clear
subsection
determines
moments
seniority
system
violates
title
vii
system
adopted
intentionally
discriminatory
purpose
violation
subchapter
discussed
unquestionably
held
feature
seniority
system
issue
discriminatory
adopted
let
alone
intentionally
violation
subchapter
leaves
without
application
equally
unsound
hulteen
argue
retired
chosen
give
credit
pregnancy
leave
making
failure
facially
discriminatory
choice
rely
favorable
statute
turned
every
past
differentiation
contemporary
discrimination
subsection
never
apply
hulteen
remaining
argument
time
case
submitted
us
decision
bazemore
friday
per
curiam
side
bazemore
black
employees
north
carolina
agricultural
extension
service
received
less
pay
comparable
whites
differential
compensation
plan
extending
back
vii
segregation
brought
suit
claiming
pay
disparities
persisted
concluded
pattern
practice
constituted
violation
title
vii
fact
statute
yet
become
effective
became
violation
upon
title
vii
effective
date
extent
employer
continued
engage
act
practice
liable
statute
bazemore
nothing
say
begin
involve
seniority
system
subject
subsection
rather
employer
bazemore
racially
based
pay
structure
black
employees
paid
less
white
employees
title
vii
became
law
employer
failed
eliminate
discriminatory
practice
even
though
new
statute
turned
legally
permissible
something
unlawful
bazemore
point
pda
continued
apply
unfavorable
credit
differential
pregnancy
leave
simply
begun
pda
system
contrast
provides
future
benefits
based
past
completed
events
entirely
lawful
time
occurred
iii
accepted
supplemental
briefing
argument
possible
effect
case
recent
amendment
title
vii
adopted
response
ledbetter
goodyear
tire
rubber
dealing
specifically
discrimination
compensation
purposes
section
unlawful
employment
practice
occurs
respect
discrimination
compensation
violation
title
discriminatory
compensation
decision
practice
adopted
individual
becomes
subject
discriminatory
compensation
decision
practice
individual
affected
application
discriminatory
compensation
decision
practice
including
time
wages
benefits
compensation
paid
resulting
whole
part
decision
practice
lilly
ledbetter
fair
pay
act
pub
stat
hulteen
argues
payment
pension
benefits
issue
case
marks
moment
affected
application
discriminatory
compensation
decision
practice
reads
statute
providing
decision
practice
may
applied
disadvantage
answer
claim
essentially
answer
hulteen
argument
helps
supra
reasons
already
discussed
decision
award
hulteen
service
credit
pregnancy
leave
discriminatory
consequence
hulteen
affected
application
discriminatory
compensation
decision
practice
stat
iv
bona
fide
seniority
systems
allow
among
things
predictable
financial
consequences
employer
pays
bill
employee
gets
benefit
cf
central
laborers
pension
fund
heinz
noting
central
feature
employee
retirement
income
security
act
et
object
protecting
employees
justified
expectations
receiving
benefits
employers
promise
demonstrates
congress
recognized
salience
reliance
interests
based
upon
resulting
intention
discriminate
gave
protection
seniority
system
run
bona
fide
judgment
appeals
ninth
circuit
reversed
ordered
corporation
petitioner
noreen
hulteen
et
al
writ
certiorari
appeals
ninth
circuit
may
justice
stevens
concurring
today
appraisal
decision
general
elec
gilbert
expressed
years
ago
dissent
therefore
agree
much
justice
ginsburg
say
case
nevertheless
must
accept
gilbert
interpretation
title
vii
governing
law
congress
enacted
pregnancy
discrimination
act
case
involves
rules
force
prior
act
join
opinion
corporation
petitioner
noreen
hulteen
et
al
writ
certiorari
appeals
ninth
circuit
may
justice
ginsburg
justice
breyer
joins
dissenting
general
elec
gilbert
held
classification
harmful
women
based
pregnancy
qualify
discrimination
sex
prohibited
title
vii
civil
rights
act
exclusion
pregnancy
employer
disability
benefits
plan
ruled
discrimination
see
also
describing
plan
facially
nondiscriminatory
without
discriminatory
effect
dissent
justice
stevens
wondered
come
conclusion
capacity
become
pregnant
primarily
differentiates
female
male
prior
gilbert
federal
courts
appeals
presented
question
determined
pregnancy
discrimination
violated
title
guidelines
issued
equal
employment
opportunity
commission
eeoc
commission
declared
disadvantageous
classifications
employees
based
conditions
prima
facie
violation
title
vii
fed
reg
terms
closely
resembling
eeoc
current
guideline
see
cfr
commission
counseled
written
unwritten
employment
policies
practices
involving
accrual
seniority
benefits
privileges
shall
applied
disability
due
pregnancy
childbirth
terms
conditions
applied
temporary
disabilities
fed
reg
history
women
paid
labor
force
underpinned
corroborated
views
lower
courts
eeoc
generations
preceding
lingering
long
passage
title
vii
history
demonstrates
societal
attitudes
pregnancy
motherhood
severely
impeded
women
employment
opportunities
see
molnar
millennium
yet
dawned
history
attitudes
toward
pregnant
workers
america
gender
kamerman
kahn
kingston
maternity
policies
working
women
congress
swiftly
reacted
gilbert
decision
less
two
years
ruling
congress
passed
pregnancy
discrimination
act
pda
overturn
gilbert
make
plain
legislators
clear
understanding
discrimination
based
pregnancy
discrimination
act
amended
title
vii
require
women
affected
pregnancy
treated
purposes
including
receipt
benefits
fringe
benefit
programs
persons
affected
similar
ability
inability
work
pda
require
redress
past
discrimination
oblige
employers
make
women
whole
compensation
denied
prior
act
placed
pregnancy
leave
often
still
ready
willing
able
work
secure
right
return
jobs
pda
protect
women
april
act
became
fully
effective
repetition
continuation
disadvantageous
treatment
congress
interred
gilbert
years
ago
today
allows
wrong
decision
still
hold
sway
plaintiffs
respondents
action
receive
rest
lives
lower
pension
benefits
colleagues
worked
longer
experience
discrimination
simply
adverse
action
subjected
rather
harmed
today
refused
fully
heed
pda
core
command
hereafter
purposes
disadvantageous
treatment
basis
pregnancy
childbirth
related
medical
conditions
must
cease
emphasis
added
hold
committed
current
violation
title
vii
totally
discontinue
reliance
upon
pension
calculation
premised
notion
classifications
display
gender
bias
enacted
addition
section
defining
terms
used
title
vii
pda
provides
terms
sex
basis
sex
include
limited
basis
pregnancy
childbirth
related
medical
conditions
women
affected
pregnancy
childbirth
related
medical
conditions
shall
treated
purposes
including
receipt
benefits
fringe
benefit
programs
persons
affected
similar
ability
inability
work
text
act
acknowledged
unambiguously
expressed
congress
disapproval
holding
reasoning
gilbert
decision
newport
news
shipbuilding
dry
dock
eeoc
proponents
pda
observed
repeatedly
emphasized
erroneously
interpreted
congressional
intent
amending
legislation
necessary
reestablish
principles
title
vii
law
understood
prior
gilbert
decision
see
also
california
fed
sav
loan
assn
guerra
explaining
first
clause
pda
reflects
congress
disapproval
reasoning
gilbert
second
clause
illustrate
discrimination
pregnancy
remedied
cf
newport
news
rehnquist
dissenting
criticizing
concluding
pda
renders
gilbert
obsolete
today
case
presents
question
time
comprehends
pda
even
effective
date
act
lower
pension
benefits
perpetually
paid
women
whose
pregnancy
leaves
predated
pda
women
reasons
disadvantageous
treatment
remains
gilbert
declared
facially
nondiscriminatory
without
discriminatory
effect
see
ante
another
way
read
pda
one
better
attuned
congress
unambiguou
disapproval
holding
reasoning
gilbert
newport
news
reading
act
calls
immediate
end
pretense
classification
basis
pregnancy
facially
nondiscriminatory
pda
reach
back
redress
discrimination
women
encountered
congress
overruled
gilbert
act
instructs
employers
forthwith
cease
desist
pda
effective
date
classifications
treating
pregnancy
disadvantageously
must
recognized
purposes
including
pension
payments
discriminatory
face
impact
comprehended
pda
requires
pay
noreen
hulteen
others
similarly
situated
pension
benefits
untainted
discrimination
ii
rejection
plaintiffs
claims
pension
benefits
undiminished
discrimination
sex
centers
title
vii
construed
teamsters
see
ante
section
permits
employers
apply
different
standards
compensation
pursuant
bona
fide
seniority
system
congress
enacted
teamsters
explained
exten
measure
immunity
seniority
systems
even
operate
status
quo
prior
discriminatory
employment
practices
quoting
griggs
duke
power
teamsters
involved
seniority
system
attacked
title
vii
perpetuating
discrimination
minority
group
members
ranked
low
seniority
list
vii
locked
job
category
question
seniority
system
reasoned
genesis
discrimination
contained
discriminatory
terms
applied
equally
races
ethnic
groups
therefore
concluded
sheltered
system
despite
adverse
impact
minority
group
members
recently
hired
allowed
transfer
desirable
jobs
see
case
differs
teamsters
seniority
system
infected
overt
differential
cf
ante
ule
differential
treatment
element
seniority
system
one
scarcely
maintain
scheme
neutral
face
intent
discriminating
women
effect
cf
teamsters
surely
term
fairly
described
equally
applicable
prescription
regarding
pregnancy
leave
gain
immunity
astonishing
declaration
gilbert
xclusion
pregnancy
plan
providing
general
coverage
decreed
discrimination
see
ante
gilbert
disadvantageous
treatment
pregnancy
leave
taint
system
terms
pda
ordinary
instance
legislative
revision
congress
response
construction
statutory
text
dissent
today
decision
congress
made
plain
view
gilbert
simply
wrong
character
classification
treats
leave
necessitated
pregnancy
childbirth
disadvantageously
disregarding
opinions
courts
see
supra
agency
superintends
enforcement
title
vii
see
supra
fundamentally
root
cause
discrimination
women
paid
labor
force
erred
egregiously
congress
provide
remedy
discrimination
already
experienced
pda
became
effective
persuaded
act
text
legislative
history
however
congress
intended
continuing
reduction
women
compensation
pension
benefits
included
attributable
placement
pregnancy
leave
iii
considerations
influence
dissenting
view
seeking
equal
treatment
pda
effective
date
plaintiffs
present
modest
claims
observes
seek
service
credit
pension
benefit
purposes
periods
pregnancy
leaves
named
plaintiffs
whose
claims
typical
uncounted
leave
days
seven
months
noreen
hulteen
six
months
eleanora
collet
two
elizabeth
snyder
linda
porter
ante
see
also
en
banc
case
demands
met
without
disturbing
settled
expectations
workers
core
concern
underlying
shelter
provides
seniority
systems
see
franks
bowman
transp
seniority
unlike
status
seniority
conflict
economic
interests
employees
furthermore
judge
rymer
explained
opinion
dissenting
ninth
circuit
initial
panel
opinion
relief
plaintiffs
request
retroactive
character
plaintiffs
request
backpay
compensation
past
injury
seek
pension
benefits
future
equal
benefits
received
others
employed
length
time
actionable
conduct
complain
denial
equal
benefits
plaintiffs
world
appear
equal
benefits
plaintiffs
retirement
years
expose
excessive
unmanageable
cost
plaintiffs
class
large
comprises
women
whose
pregnancy
leaves
predated
april
whose
employment
continued
long
enough
pensions
vest
periods
service
involved
short
several
weeks
months
years
cost
equal
treatment
spread
many
years
eligible
women
retire
iv
certain
attitudes
pregnancy
childbirth
throughout
human
history
sustained
pervasive
often
restrictions
woman
place
among
paid
workers
active
citizens
recognized
nevada
dept
human
resources
hibbs
hibbs
rejected
challenges
eleventh
fourteenth
amendments
family
medical
leave
act
stat
et
applied
state
employees
opinion
featured
congress
recognition
istorically
denial
curtailment
women
employment
opportunities
traceable
directly
pervasive
presumption
women
mothers
first
workers
second
prevailing
ideology
women
roles
turn
justified
discrimination
women
mothers
joint
hearing
subcommittee
relations
subcommittee
labor
standards
house
committee
education
labor
quoted
hibbs
several
decisions
opinion
hibbs
acknowledged
exemplified
prevailing
ideology
prime
illustrations
cited
bradwell
state
wall
muller
oregon
goesaert
cleary
hoyt
florida
hibbs
opinion
contrasted
muller
goesaert
hoyt
recent
opinions
commencing
shown
increasing
awareness
traditional
classifications
confined
depressed
women
opportunities
representative
jurisprudential
change
hibbs
cited
reed
reed
frontiero
richardson
craig
boren
virginia
gilbert
aberrational
simply
placed
outside
title
vii
disadvantageous
treatment
pregnancy
rooted
beliefs
allocation
family
duties
hibbs
gilbert
also
advanced
strange
notion
benefits
classification
excluding
women
pregnant
women
women
among
favored
class
nonpregnant
persons
first
title
vii
case
heard
phillips
martin
marietta
per
curiam
however
rejected
similar
reasoning
issue
phillips
employer
refusal
hire
mothers
children
phillips
yielded
per
curiam
opinion
recognizing
title
vii
applies
classifications
disadvantageous
women
see
phillips
martin
marietta
brown
dissenting
denial
en
banc
review
mother
still
woman
denied
work
outright
mother
woman
congress
said
longer
done
sprogis
air
lines
refusal
employ
married
women
violates
title
vii
cert
denied
grasping
connection
gilbert
failed
make
district
opinion
wetzel
liberty
mut
ins
supp
wd
published
deft
observation
response
employer
argument
disadvantageous
maternity
leave
pregnancy
disability
income
protection
policies
based
sex
commented
might
appear
lay
mind
treading
brink
precipice
absurdity
perhaps
admonition
professor
thomas
reed
powell
law
students
apt
think
something
inextricably
related
thing
think
thing
legal
mind
congress
put
back
track
amended
title
vii
repudiate
gilbert
holding
reasoning
see
newport
news
california
supra
congress
swift
strong
repudiation
gilbert
today
holds
warrant
redress
plaintiffs
case
must
continue
experience
impact
employer
discriminatory
short
time
plan
outcome
far
inevitable
least
reasonable
read
pda
say
effective
date
act
woman
pension
payments
diminished
pretense
discrimination
displays
gender
bias
construe
act
embrace
plaintiffs
complaint
explicitly
overrule
gilbert
decision
generate
mischief
reasons
stated
affirm
ninth
circuit
judgment
footnotes
consent
decree
modified
final
judgment
mfj
entered
resolve
government
antitrust
suit
american
telephone
telegraph
company
mfj
resulted
american
telephone
telegraph
divestiture
local
bell
system
operating
companies
including
pacific
telephone
telegraph
company
pt
many
employees
former
bell
system
operating
companies
became
employees
new
corporation
plan
reorganization
approved
district
district
columbia
western
elec
supp
aff
sub
nom
california
provided
employees
carry
bell
system
service
regardless
organizational
unit
corporation
employed
immediately
divestiture
app
respondents
case
employed
pt
divestiture
bell
operating
companies
women
became
employees
corporation
service
calculations
computed
pt
accrual
rules
carried
corporation
calculation
term
employment
complicated
endeavor
requiring
creation
maintenance
individual
start
date
employee
adjusted
based
relevant
leave
policy
section
title
vii
provides
women
affected
pregnancy
shall
treated
purposes
including
receipt
benefits
fringe
benefit
programs
persons
affected
similar
ability
inability
work
nothing
section
title
shall
interpreted
permit
otherwise
hulteen
contends
light
language
apply
claims
discrimination
pda
agree
hulteen
reading
result
odd
scenario
pregnancy
discrimination
alone
among
categories
discrimination
race
color
religion
claims
national
origin
receive
dispensation
general
application
subsection
better
explanation
refers
final
sentence
reads
shall
unlawful
employment
practice
subchapter
employer
differentiate
upon
basis
sex
determining
amount
wages
compensation
paid
paid
employees
employer
differentiation
authorized
provisions
section
title
final
sentence
subsection
referred
bennett
amendment
served
reconcile
equal
pay
act
stat
title
vii
see
county
washington
gunther
rehnquist
dissenting
general
elec
gilbert
concluded
amendment
permitted
wage
discrimination
based
pregnancy
adding
language
nothing
section
title
shall
interpreted
permit
otherwise
pda
congress
wanted
ensure
addition
replacing
gilbert
rule
discrimination
basis
pregnancy
sex
discrimination
foreclosed
possibility
interpretation
bennett
amendment
construed
going
forward
permit
wage
discrimination
based
pregnancy
gilbert
recognized
differential
treatment
still
represent
intentionally
discriminatory
treatment
pretextual
forbidden
discriminatory
effect
result
plan
produced
overall
preferential
treatment
one
sex
neither
theory
advanced
nashville
gas
satty
reaffirmed
holding
gilbert
title
vii
require
greater
economic
benefits
paid
one
sex
differing
roles
scheme
human
existence
quoting
gilbert
supra
noted
gilbert
holding
extend
permit
employer
burden
female
employees
way
deprive
employment
opportunities
different
role
satty
supra
cancellation
benefits
previously
accrued
therefore
considered
facially
violative
time
situation
presented
although
certain
circuit
courts
previously
concluded
treating
pregnancy
leave
less
favorably
disability
leave
constituted
sex
discrimination
title
vii
gilbert
clearly
rejected
conclusion
brennan
dissenting
see
also
stevens
dissenting
gilbert
declared
meaning
scope
sex
discrimination
title
vii
held
previous
views
contrary
wrong
matter
law
judicial
construction
statute
authoritative
statement
statute
meant
well
decision
case
giving
rise
construction
rivers
roadway
express
see
also
therefore
avail
argue
pregnancy
leave
cap
unlawful
gilbert
pda
returned
law
prior
state
saying
assume
application
explained
supra
cf
post
ginsburg
dissenting
extent
hulteen
means
claim
factual
matter
accrual
rule
merely
advisory
requiring
fresh
choice
apply
benefit
context
points
nothing
record
supporting
proposition
footnotes
opinion
gilbert
extended
title
vii
reasoning
earlier
advanced
geduldig
aiello
case
upheld
equal
protection
challenge
california
disability
insurance
system
excluded
coverage
disabilities
occasioned
normal
pregnancy
california
system
noted
divide
workers
according
sex
instead
divide
potential
recipients
two
groups
pregnant
women
nonpregnant
persons
see
communications
workers
america
long
lines
wetzel
liberty
mut
ins
vacated
grounds
remanded
gilbert
general
elec
rev
satty
nashville
gas
aff
part
vacated
part
remanded
holthaus
compton
sons
berg
richmond
unified
school
hutchison
lake
oswego
school
dist
decisions
state
human
rights
laws
effect
see
brooklyn
union
gas
new
york
state
human
rights
appeal
anderson
upper
bucks
cty
area
vocational
technical
school
commw
quaker
oats
cedar
rapids
human
rights
iowa
massachusetts
elec
massachusetts
discrimination
mass
minnesota
min
mfg
state
michigan
dept
civil
rights
ex
rel
jones
michigan
dept
civil
app
badih
myers
cal
app
cal
rptr
see
assumption
women
become
pregnant
leave
labor
force
root
discriminatory
practices
keep
women
examples
prevalent
restrictions
see
turner
utah
dept
employment
security
per
curiam
state
statute
made
pregnant
women
ineligible
unemployment
benefits
period
extending
weeks
expected
date
childbirth
six
weeks
childbirth
cleveland
bd
ed
lafleur
school
board
rule
forced
pregnant
public
school
teachers
take
unpaid
maternity
leave
five
months
expected
date
childbirth
guarantee
cf
nevada
dept
human
resources
hibbs
sex
discrimination
congress
recognized
rooted
primarily
stereotypes
women
mothers
internal
quotation
marks
omitted
equal
employment
opportunity
commission
eeoc
current
compliance
manual
counsels
denial
service
credit
women
maternity
leave
unlawful
charging
party
took
leave
employer
decision
incorporate
denial
service
credit
calculating
seniority
discriminatory
eeoc
compliance
manual
effective
eeoc
compliance
manuals
recognized
reflect
body
experience
informed
judgment
courts
litigants
may
properly
resort
guidance
federal
express
holowecki
slip
quoting
bragdon
abbott
see
also
pp
women
still
subject
stereotype
women
marginal
workers
woman
passes
age
viewed
employers
potentially
bradwell
upheld
state
exclusion
women
practice
law
exorbitant
concurring
opinion
justice
bradley
wrote
female
sex
evidently
unfi
many
occupations
civil
life
elaborated
paramount
destiny
mission
woman
fulfil
noble
benign
offices
wife
mother
law
creator
ibid
muller
upheld
state
limitation
applicable
women
preserve
strength
vigor
race
observed
physical
woman
becomes
object
public
interest
care
cf
automobile
workers
johnson
controls
concern
woman
existing
potential
offspring
historically
excuse
denying
women
equal
employment
goesaert
upheld
state
law
prohibiting
women
working
bartenders
unless
woman
husband
father
owned
tavern
hoyt
sustained
state
law
exempting
women
obligation
serve
juries
reed
invalidated
state
law
preferred
males
females
appointment
estate
administrators
frontiero
extended
married
female
members
uniformed
services
spousal
benefits
granted
statute
automatically
male
members
craig
held
young
men
entitled
purchase
beer
age
young
women
virginia
held
maintain
virginia
military
institute
college
without
offering
women
genuinely
equal
educational
opportunity
fuller
account
decisions
constitutionality
classifications
see
virginia
terms
pregnant
women
nonpregnant
persons
first
appeared
geduldig
see
supra
gilbert
repeated
terms
quoting
geduldig
see
also
eeoc
guideline
initially
published
codified
cfr
commission
determined
employer
rule
forbids
restricts
employment
married
women
applicable
married
men
discrimination
based
sex
prohibited
title
vii
civil
rights
act
seem
us
relevant
rule
directed
females
married
females
long
sex
factor
application
rule
application
involves
discrimination
based
sex
fed
reg
critical
commentary
gilbert
forerunner
geduldig
aiello
see
bartlett
pregnancy
constitution
uniqueness
trap
rev
eskridge
america
statutory
constitution
rev
karst
term
foreword
equal
citizenship
fourteenth
amendment
harv
rev
law
rethinking
sex
constitution
rev
nn
roelofs
sex
discrimination
insurance
planning
rights
pregnant
men
women
general
electric
gilbert
louis
schwartz
equalizing
pregnancy
birth
http
visited
may
clerk
case
file
siegel
reasoning
body
historical
perspective
abortion
regulation
questions
equal
protection
stan
rev
siegel
come
long
way
baby
rehnquist
new
approach
pregnancy
discrimination
hibbs
stan
rev
taub
williams
equality
require
assimilation
accommodation
separation
existing
social
structure
rutgers
rev