california
federal
assn
guerra
argued
october
decided
january
california
fair
employment
housing
act
requires
employers
provide
leave
reinstatement
employees
disabled
pregnancy
title
vii
civil
rights
act
prohibits
employment
discrimination
basis
sex
amended
pregnancy
discrimination
act
pda
specifies
sex
discrimination
includes
discrimination
basis
pregnancy
woman
employed
receptionist
petitioner
california
federal
savings
loan
association
cal
fed
took
pregnancy
disability
leave
notified
cal
fed
able
return
work
informed
job
filled
similar
positions
available
filed
complaint
respondent
department
fair
employment
housing
charged
cal
fed
violating
hearing
held
complaint
cal
fed
joined
petitioners
brought
action
federal
district
seeking
declaration
inconsistent
title
vii
injunction
enforcement
district
granted
summary
judgment
petitioners
appeals
reversed
held
judgment
affirmed
affirmed
justice
marshall
delivered
opinion
respect
parts
ii
iv
concluding
title
vii
amended
pda
inconsistent
purposes
title
vii
require
act
unlawful
title
vii
pp
title
vii
purpose
achieve
equality
employment
opportunities
remove
barriers
operated
past
favor
identifiable
group
employees
employees
griggs
duke
power
rather
limiting
title
vii
principles
objectives
pda
extends
cover
pregnancy
section
also
promotes
equal
employment
opportunity
requiring
employers
reinstate
women
reasonable
pregnancy
disability
leave
ensures
lose
jobs
account
pregnancy
pp
section
prevent
employers
complying
federal
law
construed
petitioners
reject
california
special
treatment
approach
pregnancy
discrimination
forbid
employer
treat
pregnant
employees
differently
disabled
employees
state
law
case
compliance
federal
state
laws
physical
impossibility
section
compel
employers
treat
pregnant
employees
better
disabled
employees
merely
establishes
benefits
employers
must
minimum
provide
pregnant
workers
pp
justice
marshall
joined
justice
brennan
justice
blackmun
justice
concluded
part
civil
rights
act
severely
limit
title
vii
effect
leaving
state
fair
employment
laws
title
vii
enacted
pp
justice
stevens
concluded
purposes
holding
title
vii
necessary
reach
question
whether
applies
title
vii
whether
provision
governing
title
vii
scope
pp
justice
scalia
concluded
provision
whose
effect
need
considered
title
vii
prohibits
unless
state
law
requires
permits
act
outlawed
pda
require
permit
act
outlawed
interpretation
pda
accordingly
unnecessary
decide
pda
interpreted
pp
theodore
olson
argued
cause
petitioners
briefs
willard
carr
pamela
hemminger
paul
blankenstein
jan
eakins
marian
johnston
deputy
attorney
general
california
argued
cause
respondents
brief
john
van
de
kamp
attorney
general
andrea
sheridan
ordin
chief
assistant
attorney
general
anne
jennings
beverly
tucker
deputy
attorneys
general
briefs
amici
curiae
urging
reversal
filed
solicitor
general
fried
assistant
attorney
general
reynolds
deputy
solicitor
general
geller
deputy
assistant
attorney
general
carvin
richard
lazarus
brian
landsberg
david
flynn
mary
mann
equal
employment
advisory
council
robert
williams
douglas
mcdowell
lorence
kessler
briefs
amici
curiae
urging
affirmance
filed
state
connecticut
et
al
joseph
lieberman
attorney
general
connecticut
clarine
nardi
riddle
deputy
attorney
general
brian
comerford
assistant
attorney
general
philip
murphy
corinne
watanabe
attorney
general
hawaii
michael
greely
attorney
general
montana
kenneth
eikenberry
attorney
general
washington
american
federation
labor
congress
industrial
organizations
laurence
gold
marsha
berzon
california
women
lawyers
et
al
cheryl
houser
janet
koehn
lorraine
loder
equal
rights
advocates
et
al
judith
kurtz
nancy
davis
herma
hill
kay
human
rights
advocates
et
al
richard
ziegler
andrew
weissmann
national
conference
state
legislatures
et
al
benna
ruth
solomon
todd
peterson
barbara
etkind
lillian
garland
joan
graff
robert
barnes
patricia
shiu
briefs
amici
curiae
filed
american
civil
liberties
union
et
al
joan
bertin
isabelle
katz
pinzler
george
kannar
charles
sims
chamber
commerce
robin
conrad
coalition
reproductive
equality
workplace
et
al
christine
anne
littleton
judith
resnik
national
organization
women
et
al
susan
deller
ross
sarah
burns
wendy
webster
williams
justice
marshall
delivered
opinion
question
presented
whether
title
vii
civil
rights
act
amended
pregnancy
discrimination
act
state
statute
requires
employers
provide
leave
reinstatement
employees
disabled
pregnancy
california
fair
employment
housing
act
feha
cal
code
ann
et
seq
west
supp
comprehensive
statute
prohibits
discrimination
employment
housing
september
california
amended
feha
proscribe
certain
forms
employment
discrimination
basis
pregnancy
see
cal
labor
code
ann
cal
ch
pp
west
supp
codified
cal
code
ann
west
subdivision
provision
issue
portion
statute
applies
employers
subject
title
vii
see
requires
employers
provide
female
employees
unpaid
pregnancy
disability
leave
four
months
respondent
fair
employment
housing
commission
state
agency
authorized
interpret
feha
construed
require
california
employers
reinstate
employee
returning
pregnancy
leave
job
previously
held
unless
longer
available
due
business
necessity
latter
case
employer
must
make
reasonable
effort
place
employee
substantially
similar
job
statute
compel
employers
provide
paid
leave
pregnant
employees
accordingly
benefit
pregnant
workers
actually
derive
qualified
right
reinstatement
title
vii
civil
rights
act
et
also
prohibits
various
forms
employment
discrimination
including
discrimination
basis
sex
however
general
electric
gilbert
ruled
discrimination
basis
pregnancy
sex
discrimination
title
vii
response
gilbert
decision
congress
passed
pregnancy
discrimination
act
pda
pda
specifies
sex
discrimination
includes
discrimination
basis
pregnancy
ii
petitioner
california
federal
savings
loan
association
cal
fed
federally
chartered
savings
loan
association
based
los
angeles
employer
covered
title
vii
cal
fed
facially
neutral
leave
policy
permits
employees
completed
three
months
service
take
unpaid
leaves
absence
variety
reasons
including
disability
pregnancy
although
cal
fed
policy
try
provide
employee
taking
unpaid
leave
similar
position
upon
returning
cal
fed
expressly
reserves
right
terminate
employee
taken
leave
absence
similar
position
available
lillian
garland
employed
cal
fed
receptionist
several
years
january
took
pregnancy
disability
leave
able
return
work
april
year
garland
notified
cal
fed
informed
job
filled
receptionist
similar
positions
available
garland
filed
complaint
respondent
department
fair
employment
housing
issued
administrative
accusation
cal
fed
behalf
respondent
charged
cal
fed
violating
feha
prior
scheduled
hearing
respondent
fair
employment
housing
commission
cal
fed
joined
petitioners
merchants
manufacturers
association
california
chamber
commerce
brought
action
district
central
district
california
sought
declaration
inconsistent
title
vii
injunction
enforcement
section
district
granted
petitioners
motion
summary
judgment
epd
fep
cases
citing
newport
news
shipbuilding
dry
dock
eeoc
stated
california
employers
comply
state
law
subject
reverse
discrimination
suits
title
vii
brought
temporarily
disabled
males
receive
treatment
female
employees
disabled
pregnancy
fep
cases
basis
district
held
california
state
law
policies
interpretation
enforcement
require
preferential
treatment
female
employees
disabled
pregnancy
childbirth
related
medical
conditions
title
vii
null
void
invalid
inoperative
supremacy
clause
constitution
ibid
appeals
ninth
circuit
reversed
held
district
conclusion
section
discriminates
men
basis
pregnancy
defies
common
sense
misinterprets
case
law
flouts
title
vii
pda
omitted
based
reading
newport
news
appeals
found
pda
demand
state
law
blind
pregnancy
existence
held
enacting
pda
congress
intended
construct
floor
beneath
pregnancy
disability
benefits
may
drop
ceiling
may
rise
found
california
statute
furthers
goal
equal
employment
opportunity
women
appeals
concluded
title
vii
preempt
state
law
guarantees
pregnant
women
certain
number
pregnancy
disability
leave
days
neither
inconsistent
unlawful
title
vii
ibid
granted
certiorari
affirm
iii
determining
whether
state
statute
federal
law
therefore
invalid
supremacy
clause
constitution
sole
task
ascertain
intent
congress
see
shaw
delta
air
lines
malone
white
motor
federal
law
may
supersede
state
law
several
different
ways
first
acting
within
constitutional
limits
congress
empowered
state
law
stating
express
terms
jones
rath
packing
second
congressional
intent
state
law
particular
area
may
inferred
scheme
federal
regulation
sufficiently
comprehensive
make
reasonable
inference
congress
left
room
supplementary
state
regulation
rice
santa
fe
elevator
neither
bases
exists
case
congress
explicitly
disclaimed
intent
categorically
state
law
occupy
field
employment
discrimination
law
see
third
alternative
areas
congress
completely
displaced
state
regulation
federal
law
may
nonetheless
state
law
extent
actually
conflicts
federal
law
conflict
occurs
either
compliance
federal
state
regulations
physical
impossibility
florida
lime
avocado
growers
paul
state
law
stands
obstacle
accomplishment
execution
full
purposes
objectives
congress
hines
davidowitz
see
michigan
canners
freezers
agricultural
marketing
bargaining
fidelity
federal
savings
loan
assn
de
la
cuesta
nevertheless
lightly
presumed
see
maryland
louisiana
third
basis
issue
case
two
sections
civil
rights
act
congress
indicated
state
laws
actually
conflict
federal
law
section
title
vii
provides
nothing
title
shall
deemed
exempt
relieve
person
liability
duty
penalty
punishment
provided
present
future
law
state
political
subdivision
state
law
purports
require
permit
act
unlawful
employment
practice
title
stat
nothing
contained
title
act
shall
construed
indicating
intent
part
congress
occupy
field
title
operates
exclusion
state
laws
subject
matter
shall
provision
act
construed
invalidating
provision
state
law
unless
provision
inconsistent
purposes
act
provision
thereof
stat
sections
severely
limit
title
vii
preemptive
effect
instead
state
fair
employment
laws
simply
left
enactment
title
vii
shaw
delta
air
lines
supra
quoting
pervel
industries
connecticut
human
rights
opportunities
supp
affirmance
order
cert
denied
similarly
intended
primarily
assert
intention
congress
preserve
existing
civil
rights
laws
cong
rec
remarks
meader
see
also
additional
views
meader
narrow
scope
preemption
available
reflects
importance
congress
attached
state
antidiscrimination
laws
achieving
title
vii
goal
equal
employment
opportunity
see
generally
shaw
delta
air
lines
kremer
chemical
construction
new
york
gaslight
club
carey
legislative
history
pda
also
supports
narrow
interpretation
provisions
opinion
shaw
delta
air
lines
supra
order
decide
whether
california
statute
requires
permits
employers
violate
title
vii
amended
pda
inconsistent
purposes
statute
must
determine
whether
pda
prohibits
requiring
employers
provide
reinstatement
pregnant
workers
regardless
policy
disabled
workers
generally
petitioners
argue
language
federal
statute
unambiguously
rejects
california
special
treatment
approach
pregnancy
discrimination
thus
rendering
resort
legislative
history
unnecessary
contend
second
clause
pda
forbids
employer
treat
pregnant
employees
differently
disabled
employees
purpose
congress
ultimate
touchstone
inquiry
malone
white
motor
quoting
retail
clerks
schermerhorn
however
must
examine
pda
language
background
legislative
history
historical
context
language
pda
familiar
rule
thing
may
within
letter
statute
yet
within
statute
within
spirit
within
intention
makers
steelworkers
weber
quoting
church
holy
trinity
see
train
colorado
public
interest
research
group
american
trucking
well
established
pda
passed
reaction
decision
general
electric
gilbert
congress
amended
title
vii
unambiguously
expressed
disapproval
holding
reasoning
gilbert
decision
newport
news
shipbuilding
dry
dock
eeoc
adding
pregnancy
definition
sex
discrimination
prohibited
title
vii
first
clause
pda
reflects
congress
disapproval
reasoning
gilbert
newport
news
supra
citing
legislative
history
rather
imposing
limitation
remedial
purpose
pda
believe
second
clause
intended
overrule
holding
gilbert
illustrate
discrimination
pregnancy
remedied
cf
meaning
first
clause
limited
specific
language
second
clause
explains
application
general
principle
women
employees
see
also
rehnquist
dissenting
accordingly
subject
certain
limitations
agree
appeals
conclusion
congress
intended
pda
floor
beneath
pregnancy
disability
benefits
may
drop
ceiling
may
rise
context
congress
considered
issue
pregnancy
discrimination
supports
view
pda
congress
extensive
evidence
discrimination
pregnancy
particularly
disability
health
insurance
programs
like
challenged
gilbert
nashville
gas
satty
reports
debates
hearings
make
abundantly
clear
congress
intended
pda
provide
relief
working
women
end
discrimination
pregnant
workers
contrast
thorough
account
discrimination
pregnant
workers
legislative
history
devoid
discussion
preferential
treatment
pregnancy
beyond
acknowledgments
existence
state
statutes
providing
preferential
treatment
see
infra
opposition
pda
came
concerned
cost
including
pregnancy
health
plans
application
bill
abortion
favored
special
accommodation
pregnancy
support
argument
pda
prohibits
employment
practices
favor
pregnant
women
petitioners
several
amici
cite
statements
legislative
history
effect
pda
require
employers
extend
benefits
pregnant
women
already
provide
disabled
employees
example
house
report
explained
proposed
legislation
require
employers
treat
pregnant
employees
particular
manner
way
requires
institution
new
programs
none
currently
exist
interpret
references
support
petitioners
construction
statute
contrary
congress
intended
prohibit
preferential
treatment
height
understatement
say
legislation
require
conduct
hardly
conceivable
congress
extensively
discussed
intent
require
preferential
treatment
fact
intended
prohibit
treatment
also
find
significant
congress
aware
state
laws
similar
california
apparently
consider
inconsistent
pda
debates
reports
bill
congress
repeatedly
acknowledged
existence
state
antidiscrimination
laws
prohibit
sex
discrimination
basis
pregnancy
two
mentioned
required
employers
provide
reasonable
leave
pregnant
workers
citing
state
laws
congress
failed
evince
requisite
clear
manifest
purpose
supersede
see
pacific
gas
electric
state
energy
resources
conservation
development
contrary
house
senate
reports
suggest
laws
continue
effect
pda
title
vii
amended
pda
california
pregnancy
disability
leave
statute
share
common
goal
purpose
title
vii
achieve
equality
employment
opportunities
remove
barriers
operated
past
favor
identifiable
group
employees
employees
griggs
duke
power
see
hishon
king
spalding
franks
bowman
transportation
alexander
mcdonnell
douglas
green
rather
limiting
existing
title
vii
principles
objectives
pda
extends
cover
pregnancy
senator
williams
sponsor
act
stated
entire
thrust
behind
legislation
guarantee
women
basic
right
participate
fully
equally
workforce
without
denying
fundamental
right
full
participation
family
life
cong
rec
section
also
promotes
equal
employment
opportunity
requiring
employers
reinstate
women
reasonable
pregnancy
disability
leave
ensures
lose
jobs
account
pregnancy
disability
california
approach
consistent
dissenting
opinion
justice
brennan
general
electric
gilbert
congress
adopted
enacting
pda
referring
lau
nichols
title
vi
decision
justice
brennan
stated
iscrimination
social
phenomenon
encased
social
context
therefore
unavoidably
takes
meaning
desired
end
products
relevant
legislative
enactment
end
products
may
demand
due
consideration
uniqueness
disadvantaged
individuals
realistic
understanding
conditions
found
today
labor
environment
warrants
taking
pregnancy
account
fashioning
disability
policies
omitted
emphasize
limited
nature
benefits
provides
statute
narrowly
drawn
cover
period
actual
physical
disability
account
pregnancy
childbirth
related
medical
conditions
accordingly
unlike
protective
labor
legislation
prevalent
earlier
century
reflect
archaic
stereotypical
notions
pregnancy
abilities
pregnant
workers
statute
based
stereotypical
assumptions
course
inconsistent
title
vii
goal
equal
employment
opportunity
see
los
angeles
dept
water
power
manhart
phillips
martin
marietta
marshall
concurring
moreover
even
agreed
petitioners
construction
pda
nonetheless
reject
argument
california
statute
requires
employers
violate
title
vii
section
prevent
employers
complying
federal
law
petitioners
construe
state
law
case
compliance
federal
state
regulations
physical
impossibility
florida
lime
avocado
growers
paul
inevitable
collision
two
schemes
regulation
section
compel
california
employers
treat
pregnant
workers
better
disabled
employees
merely
establishes
benefits
employers
must
minimum
provide
pregnant
workers
employers
free
give
comparable
benefits
disabled
employees
thereby
treating
women
affected
pregnancy
better
persons
affected
similar
ability
inability
work
indeed
oral
argument
petitioners
conceded
compliance
statutes
theoretically
possible
tr
oral
arg
petitioners
argue
extension
state
statute
cover
employees
inappropriate
absence
clear
indication
california
legislature
intended
cite
cases
declined
rewrite
underinclusive
state
statutes
found
violate
equal
protection
clause
see
wengler
druggists
mutual
insurance
caban
mohammed
argument
beside
point
extension
remedial
option
exercised
statute
found
invalid
see
califano
westcott
quoting
welsh
harlan
concurring
result
iv
thus
petitioners
facial
challenge
fails
statute
title
vii
amended
pda
inconsistent
purposes
federal
statute
require
act
unlawful
title
vii
judgment
appeals
affirmed
footnotes
aware
legislation
subject
pending
congress
state
legislature
added
following
section
event
congress
enacts
legislation
amending
title
vii
civil
rights
act
prohibit
sex
discrimination
basis
pregnancy
provisions
act
except
paragraph
subdivision
shall
inapplicable
employer
subject
federal
law
cal
ch
congress
passed
pregnancy
discrimination
act
section
rendered
state
law
except
subdivision
invalid
applied
employers
covered
title
vii
california
subsequently
adopted
subdivision
provides
provisions
section
except
paragraph
subdivision
shall
inapplicable
employer
subject
title
vii
federal
civil
rights
act
see
cal
code
ann
west
respondent
department
fair
employment
housing
state
agency
charged
enforcing
feha
see
parties
stipulated
commission
interpretation
set
forth
proposed
regulation
reproduced
app
see
also
matter
accusation
department
fair
employment
housing
travel
express
case
fep
precedential
commission
decision
construing
general
electric
gilbert
held
otherwise
comprehensive
disability
insurance
plan
violate
title
vii
failed
cover
disabilities
relying
geduldig
aiello
upheld
similar
plan
fourteenth
amendment
equal
protection
challenge
concluded
removing
pregnancy
list
compensable
disabilities
discrimination
basis
sex
held
proof
package
fact
worth
men
women
impossible
find
discriminatory
effect
scheme
three
members
dissented
see
opinion
brennan
joined
marshall
opinion
stevens
dissenting
justices
held
employer
disability
plan
discriminated
basis
sex
giving
men
protection
categories
risk
giving
women
partial
protection
nashville
gas
satty
relied
gilbert
uphold
employer
policy
excluded
pregnancy
pda
added
subsection
definitional
section
title
vii
subsection
provides
relevant
part
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
nothing
section
title
shall
interpreted
permit
otherwise
legislative
history
pda
reflects
congress
approval
views
dissenters
gilbert
see
newport
news
shipbuilding
dry
dock
eeoc
nn
citing
legislative
history
cal
fed
reinstated
garland
receptionist
position
november
seven
months
first
notified
able
return
work
petitioner
merchants
manufacturers
association
trade
association
represents
numerous
employers
throughout
state
california
petitioner
california
chamber
commerce
also
represents
many
california
businesses
organizations
members
subject
title
vii
policies
similar
cal
fed
petitioners
complaint
also
alleged
california
statute
employee
retirement
income
security
act
erisa
parties
stipulated
petitioners
erisa
claim
dismissed
without
prejudice
app
nn
newport
news
evaluated
health
insurance
plan
provided
female
employees
benefits
conditions
extent
medical
conditions
provided
less
extensive
pregnancy
benefits
spouses
male
employees
found
limitation
discriminated
male
employees
respect
compensation
terms
conditions
privileges
employment
violation
title
vii
act
pda
makes
clear
discriminatory
treat
conditions
less
favorably
conditions
thus
petitioner
plan
unlawfully
gives
married
male
employees
benefit
package
dependents
less
inclusive
dependency
coverage
provided
married
female
employees
district
entered
judgment
garland
moved
intervene
pursuant
federal
rule
civil
procedure
district
denied
motion
several
grounds
untimeliness
lack
direct
substantial
interest
litigation
adequate
representation
interests
defendants
appeal
order
denying
intervention
consolidated
appeal
merits
unreported
order
appeals
ninth
circuit
affirmed
denial
intervention
garland
seek
review
decision
representative
meader
one
sponsors
civil
rights
act
proposed
precursor
amendment
civil
rights
act
see
cong
rec
feared
similar
provisions
titles
wholly
inadequate
preserve
validity
force
state
laws
aimed
discrimination
additional
views
meader
version
provided
state
laws
except
extent
direct
positive
conflict
provisions
two
reconciled
consistently
stand
together
cong
rec
version
ultimately
adopted
congress
substitute
offered
representative
mathias
without
objection
representative
meader
indication
substitution
altered
basic
thrust
example
state
local
law
prohibits
employment
practice
requires
deferral
federal
enforcement
state
local
officials
opportunity
act
state
local
law
remedy
practice
alleged
see
state
laws
prohibiting
discrimination
basis
pregnancy
ince
title
vii
state
laws
require
violating
title
vii
legislative
history
pregnancy
discrimination
act
committee
print
prepared
senate
committee
labor
human
resources
hereinafter
leg
hist
cong
rec
remarks
williams
state
laws
create
clear
conflict
shaw
delta
air
lines
concluded
title
vii
new
york
statute
proscribed
discrimination
basis
pregnancy
sex
discrimination
time
title
vii
equate
two
several
commentators
construed
second
clause
pda
way
see
note
employment
equality
pregnancy
discrimination
act
yale
note
sexual
equality
pregnancy
discrimination
act
colum
rev
example
state
mandate
special
treatment
pregnant
workers
based
stereotypes
generalizations
needs
abilities
see
infra
see
discrimination
basis
pregnancy
hearings
subcommittee
labor
senate
committee
human
resources
statement
vice
chairman
equal
employment
opportunity
commission
ethel
bent
walsh
statement
wendy
williams
statement
susan
deller
ross
statement
bella
abzug
see
also
legislation
prohibit
sex
discrimination
basis
pregnancy
hearings
subcommittee
employment
opportunities
house
committee
education
labor
sess
see
cong
rec
remarks
bayh
legislation
end
employment
discrimination
pregnant
workers
cong
rec
remarks
chisholm
bill
affords
percent
nation
labor
force
greater
degree
protection
security
without
fear
reprisal
due
decision
bear
children
remarks
tsongas
bill
put
end
unrealistic
unfair
system
forces
women
choose
family
career
clearly
function
sex
bias
law
remarks
javits
bill
represents
basic
fairness
women
employees
remarks
sarasin
subcommittee
learned
many
instances
discrimination
pregnant
workers
learned
hardships
discrimination
brought
women
families
statement
senator
brooke
quoted
dissent
post
merely
indicates
senator
view
pda
require
special
disability
benefits
pregnant
workers
way
supports
conclusion
congress
intended
prohibit
providing
benefits
pregnant
workers
see
infra
see
leg
hist
discussing
cost
objections
conf
pp
leg
hist
application
pda
abortion
leg
hist
see
also
supra
leg
hist
cong
rec
remarks
williams
remarks
hawkins
remarks
javits
remarks
brooke
see
remarks
javits
leg
hist
everal
state
legislatures
chosen
address
problem
mandating
certain
types
benefits
pregnant
employees
see
also
supra
leg
hist
supra
leg
hist
cong
rec
list
require
coverage
pregnancy
disabilities
remarks
williams
see
stat
codified
mont
rev
codes
smith
supp
codified
mont
code
ann
connecticut
statute
provided
relevant
part
shall
unfair
employment
practice
employer
ii
refuse
grant
pregnant
employee
reasonable
leave
absence
disability
resulting
pregnancy
iii
upon
signifying
intent
return
employee
shall
reinstated
original
job
equivalent
position
equivalent
pay
accumulated
seniority
retirement
fringe
benefits
service
credits
unless
case
private
employer
employer
circumstances
changed
make
impossible
unreasonable
stat
montana
statute
effect
virtually
identical
recodified
current
statutory
compilations
leave
reinstatement
requirements
unchanged
see
also
mass
laws
providing
eight
weeks
maternity
leave
dissent
suggests
references
connecticut
montana
statutes
disregarded
congress
expressly
state
understood
statutes
required
anything
equal
treatment
post
however
willing
dissent
impute
ignorance
congress
congress
cited
statutes
house
senate
reports
pda
think
fair
assume
aware
substantive
provisions
example
senate
report
since
title
vii
preempt
state
laws
require
violating
title
vii
continue
able
enforce
state
laws
bill
enacted
supra
leg
hist
proponents
bill
repeatedly
emphasized
erroneously
interpreted
congressional
intent
amending
legislation
necessary
reestablish
principles
title
vii
law
understood
prior
gilbert
decision
newport
news
shipbuilding
dry
dock
eeoc
authoritatively
construed
respondent
commission
provision
insure
women
affected
pregnancy
childbirth
related
medical
conditions
equal
employment
opportunities
persons
affected
california
fair
employment
housing
commission
proposed
regulation
see
app
see
generally
brown
freedman
katz
price
women
rights
law
constitutional
context
invalidated
equal
protection
grounds
statutes
designed
exclude
protect
members
one
gender
presumed
suffer
inherent
handicap
innately
inferior
mississippi
university
women
hogan
petitioners
assert
even
require
employers
treat
pregnant
employees
differently
disabled
employees
permits
employers
specifically
prohibit
different
treatment
course
since
pda
prohibit
different
treatment
certainly
require
moreover
interpret
term
permit
expansively
petitioners
suggest
state
required
incorporate
every
prohibition
contained
title
vii
state
law
since
otherwise
held
permit
employer
action
expressly
prohibit
conclude
permit
must
interpreted
state
laws
expressly
sanction
practice
unlawful
title
vii
term
state
laws
silent
practice
indeed
congress
california
legislature
aware
general
terms
regulatory
scheme
adopted
enacted
legislation
california
recognized
many
provisions
pda
accordingly
exempted
employers
covered
title
vii
portions
statute
except
guaranteeing
unpaid
leave
reinstatement
pregnant
workers
congress
aware
state
laws
mandated
certain
benefits
pregnant
workers
indicate
federal
law
see
supra
recognize
cases
state
statute
otherwise
invalid
must
look
intent
state
legislature
determine
whether
extend
benefits
nullify
statute
arguing
extension
inappropriate
case
however
post
citing
basis
dissent
simply
ignores
invalidity
conclude
enacting
pda
congress
intend
prohibit
favorable
treatment
pregnancy
need
decide
therefore
address
question
whether
upheld
legislative
response
leave
policies
disparate
impact
pregnant
workers
justice
stevens
concurring
part
concurring
judgment
pregnancy
discrimination
act
pda
exist
vacuum
justice
white
recognizes
dissent
congress
intend
put
pregnancy
class
within
title
vii
enactment
pda
mark
departure
title
vii
principles
post
realization
lead
support
justice
white
position
rather
believe
pda
posture
part
title
vii
compels
rejection
argument
pda
mandates
complete
neutrality
forbids
beneficial
treatment
pregnancy
therefore
conclude
justice
marshall
view
holds
pda
allows
preferential
treatment
pregnancy
consistent
interpretation
title
vii
justice
white
view
say
however
preferential
treatment
pregnancy
automatically
beyond
scope
pda
rather
parts
title
vii
preferential
treatment
disadvantaged
class
permissible
long
consistent
accomplish
ing
goal
congress
designed
title
vii
achieve
weber
supra
goal
characterized
seeking
achieve
equality
employment
opportunities
remove
barriers
operated
past
favor
identifiable
group
employees
employees
griggs
duke
power
clear
appeals
california
statute
meets
test
thus
agree
california
employer
violate
pda
comply
california
statute
without
affording
protection
men
suffering
somewhat
similar
disabilities
agree
california
statute
conflict
purposes
pda
purport
require
permit
action
inconsistent
pda
reach
question
whether
civil
rights
act
applicable
title
vii
whether
justice
scalia
suggests
provision
governing
title
vii
scope
even
applies
california
statute
case
since
part
justice
marshall
opinion
make
clear
whether
decides
issue
whether
assumes
purposes
decision
applies
join
section
however
join
remainder
opinion
choice
disposing
case
interpreting
provisions
title
vii
title
xi
justice
scalia
interpreting
substance
pda
thus
obviating
need
decide
title
xi
question
choice
two
grounds
statutory
construction
neither
approach
inherently
narrower
given
value
opinion
therefore
concluded
choose
conflicting
views
pda
expressed
justice
marshall
justice
white
even
though
justice
scalia
may
correct
arguing
case
decided
without
reaching
issue
striking
similarity
evidence
enactment
title
vii
available
steelworkers
weber
evidence
available
regarding
enactment
pda
first
plain
language
cases
points
neutrality
see
ante
although
anything
language
even
less
equivocal
weber
see
ante
second
cases
records
replete
indications
congress
goal
bar
discrimination
disadvantaged
class
classes
issue
see
ante
third
neither
case
persuasive
evidence
congress
considered
ramifications
rule
mandating
complete
neutrality
see
ante
finally
statements
legislative
histories
provisions
stressing
congress
intend
require
preferential
treatment
statements
undermine
conclusion
congress
indeed
intended
prohibit
treatment
see
ante
read
opinion
holding
title
vii
presents
limitations
whatsoever
beneficial
treatment
pregnancy
although
opinion
make
mention
floor
ceiling
language
employed
appeals
see
ante
also
points
limitations
employer
even
affording
preferential
treatment
pregnancy
see
ante
indeed
appeals
also
subjected
california
statute
test
whether
policy
furthers
title
vii
prophylactic
purpose
achieving
equality
employment
opportunities
quoting
eeoc
puget
sound
log
scaling
grading
bureau
turn
quoting
griggs
duke
power
yet
occasion
explore
exact
line
demarcation
permissible
impermissible
preferential
treatment
title
vii
factors
discussed
weber
view
merely
exemplary
necessarily
define
outer
limits
private
employer
state
may
attempt
effectuate
goals
title
vii
see
ante
justice
scalia
concurring
judgment
provision
civil
rights
act
whose
effect
need
considered
present
case
title
vii
although
section
described
majority
provisions
precisely
provisions
prescribing
nothing
title
vii
case
nothing
entire
civil
rights
act
case
shall
deemed
state
law
unless
certain
conditions
met
exceptions
set
forth
general
ban
inconsisten
cy
purposes
act
provision
thereof
somewhat
broader
single
exception
set
forth
title
vii
ban
pregnancy
disability
act
pda
part
title
vii
expansive
prohibition
particularly
applicable
title
applies
precludes
cal
govt
code
ann
west
unnecessary
inquire
whether
section
narrows
scope
pda
laws
purpor
require
permit
act
unlawful
employment
practice
title
thus
whether
pda
prohibits
discriminatorily
favorable
disability
treatment
pregnant
women
california
code
since
remotely
purport
require
permit
refusal
accord
federally
mandated
equal
treatment
others
similarly
situated
needed
decide
case
majority
ignores
clear
effect
even
proceeding
basis
generalized
analysis
decides
necessary
reasoning
essentially
follows
consistent
requirements
purposes
pda
state
require
special
treatment
pregnancy
disability
part
besides
state
law
issue
require
special
treatment
pregnancy
disability
part
parity
analysis
decide
issue
long
facts
us
either
present
proper
occasions
alternative
holdings
one
alternatives
eliminate
jurisdictional
predicate
though
even
situation
practice
appropriate
lower
courts
whose
first
arrow
runs
risk
later
adjudged
missed
mark
entirely
clear
issue
law
presented
facts
case
beyond
jurisdiction
reach
fully
aware
convenient
employers
california
california
legislature
us
interpret
pda
prematurely
never
suggested
however
constitutional
prohibition
upon
rendering
advisory
opinions
doctrine
convenience
affirm
judgment
appeals
ground
california
code
purport
require
permit
act
unlawful
employment
practice
conceivable
interpretation
pda
therefore
virtue
justice
white
chief
justice
justice
powell
join
dissenting
disagree
cal
govt
code
ann
west
pregnancy
discrimination
act
pda
stat
codified
title
vii
section
title
vii
stat
forbids
discrimination
terms
employment
basis
race
color
religion
sex
national
origin
pda
gave
added
meaning
discrimination
basis
sex
terms
sex
basis
sex
title
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
contrary
mandate
pda
california
law
requires
every
employer
disability
leave
policy
pregnancy
even
none
disability
employer
complies
california
law
leave
policy
pregnancy
denies
every
disability
face
square
conflict
pda
therefore
california
law
permits
employers
single
pregnancy
preferential
treatment
therefore
violate
title
vii
saved
limits
state
laws
require
permit
employer
commit
unfair
employment
practice
majority
nevertheless
save
california
law
two
grounds
first
holds
pda
require
disability
pregnancy
treated
disabilities
instead
forbids
less
favorable
permits
favorable
benefits
pregnancy
disability
express
command
pda
unambiguously
contrary
legislative
history
casts
doubt
mandate
legislative
materials
reveal
congress
plain
intent
put
pregnancy
class
within
title
vii
majority
floor
ceiling
approach
ante
senate
report
clearly
stated
defining
sex
discrimination
include
discrimination
pregnant
women
bill
rejects
view
employers
may
treat
pregnancy
incidents
sui
generis
without
regard
functional
comparability
conditions
bill
treatment
pregnant
women
covered
employment
must
focus
condition
alone
actual
effects
condition
ability
work
pregnant
women
able
work
must
permitted
work
conditions
employees
able
work
medical
reasons
must
accorded
rights
leave
privileges
benefits
workers
disabled
working
must
emphasized
legislation
operating
part
title
vii
prohibits
discriminatory
treatment
therefore
require
employers
treat
pregnant
employees
particular
manner
respect
hiring
permitting
continue
working
providing
sick
leave
furnishing
medical
hospital
benefits
providing
disability
benefits
matter
way
requires
institution
new
programs
none
currently
exist
bill
simply
require
pregnant
women
treated
employees
basis
ability
inability
work
congress
acknowledgment
state
antidiscrimination
laws
support
contrary
inference
ante
extensive
discussion
state
laws
governing
pregnancy
discrimination
found
house
report
reported
six
alaska
connecticut
maryland
minnesota
oregon
montana
district
columbia
specifically
included
pregnancy
fair
employment
practices
laws
additional
illinois
indiana
iowa
kansas
massachusetts
michigan
missouri
new
york
pennsylvania
south
dakota
washington
wisconsin
prohibition
sex
discrimination
state
fair
employment
practices
law
interpreted
either
state
state
enforcement
agency
require
equal
treatment
pregnant
workers
finally
five
california
hawaii
new
jersey
new
york
rhode
island
included
pregnancy
temporary
disability
laws
private
employers
required
provide
partial
wage
replacement
temporary
disabilities
report
noted
however
whereas
california
new
jersey
new
york
covered
complications
pregnancy
basis
disabilities
california
new
jersey
new
york
rhode
island
set
maximum
limits
coverage
required
disability
associated
normal
childbirth
report
way
set
apart
connecticut
montana
statutes
majority
relies
state
statutes
house
report
gave
indication
statutes
required
anything
equal
treatment
indeed
state
statutes
considered
context
context
discussion
health
insurance
costs
house
report
expressly
stated
significance
state
coverage
many
employers
already
state
law
obligation
provide
benefits
pregnant
disabled
workers
passage
bill
thus
little
economic
impact
employers
anything
legislative
history
senate
side
indicate
carefully
considered
state
statutes
including
connecticut
montana
expressly
endorsed
provisions
senate
report
noted
presently
interpret
fair
employment
practices
laws
prohibit
sex
discrimination
based
pregnancy
childbirth
senator
williams
presented
senate
debate
list
required
coverage
pregnancy
disabilities
analysis
provisions
majority
seems
interpret
senator
javits
acknowledgment
several
state
legislatures
including
new
york
state
mandated
certain
benefits
pregnant
employees
unqualified
endorsement
state
statutes
ante
later
however
pressed
senator
hatch
fact
new
york
statute
limited
required
coverage
disability
caused
pregnancy
eight
weeks
senator
javits
hesitation
expressing
disagreement
new
york
statute
passing
reference
state
statutes
without
express
recognition
content
without
express
endorsement
insufficient
view
override
pda
clear
mandate
expressed
statute
legislative
history
second
equally
strange
ground
even
pda
prohibit
special
benefits
pregnant
women
employer
may
still
comply
california
law
pda
adopt
specified
leave
policies
pregnancy
time
afford
similar
benefits
disabilities
untenable
california
surely
intent
require
employers
provide
general
disability
leave
benefits
intended
prefer
pregnancy
went
extension
benefits
entire
work
force
dramatic
increase
scope
state
law
impose
significantly
greater
burden
california
employers
province
california
legislature
see
wengler
druggists
mutual
insurance
caban
mohammed
craig
boren
saved
applying
title
vii
tandem
employers
required
afford
reinstatement
rights
pregnant
workers
matter
state
law
required
afford
rights
workers
matter
federal
law
text
pda
speak
question
clear
legislative
history
congress
intend
pda
impose
burdens
employers
recognized
majority
opposition
pda
came
concerned
cost
including
pregnancy
health
disability
benefit
plans
ante
house
report
acknowledged
concerns
explained
bill
way
requires
institution
new
programs
none
currently
exist
senate
report
gave
similar
assurance
addition
legislator
legislator
stated
floor
debates
pda
require
employer
institute
disability
benefits
program
already
one
effect
congress
intended
employers
free
provide
level
disability
benefits
wished
none
long
pregnancy
factor
allocating
benefits
conjunction
pda
requires
california
employers
implement
new
minimum
disability
leave
programs
reading
state
federal
statutes
together
fashion
yields
result
congress
expressly
disavowed
sum
preferential
treatment
pregnant
workers
prohibited
title
vii
amended
pda
section
california
government
code
extends
preferential
benefits
pregnancy
therefore
saved
purports
authorize
employers
commit
unfair
employment
practice
forbidden
title
vii
clear
language
preventing
preferential
treatment
based
pregnancy
forecloses
respondents
argument
california
provision
upheld
legislative
response
leave
policies
disparate
impact
pregnant
workers
whatever
remedies
title
vii
otherwise
provide
victims
disparate
impact
congress
expressly
ordered
pregnancy
treated
manner
disabilities
legislative
history
pregnancy
discrimination
act
committee
print
prepared
senate
committee
labor
human
resources
leg
leg
hist
emphasis
added
theme
also
expressed
repeatedly
floor
debates
senator
williams
example
chairman
senate
committee
labor
human
resources
sponsor
senate
bill
described
bill
follows
introduction
bill
senate
central
purpose
bill
require
women
workers
treated
equally
employees
basis
ability
inability
work
key
compliance
every
case
equality
treatment
way
law
protect
women
full
range
discriminatory
practices
adversely
affected
status
work
force
cong
rec
leg
hist
cong
rec
leg
hist
supra
leg
hist
supra
leg
hist
emphasis
original
leg
hist
cong
rec
leg
hist
cong
rec
leg
hist
leg
hist
supra
leg
hist
cong
rec
leg
hist
remarks
brooke
bill
introduced
mandate
compulsory
disability
coverage
cong
leg
hist
remarks
bayh
provisions
legislation
companies
already
voluntarily
offer
disability
coverage
affected
cong
leg
hist
remarks
hawkins
employer
provide
disability
benefits
employees
provide
benefits
women
disabled
due
pregnancy
childbirth
cong
leg
hist
remarks
williams
legislation
require
employer
begin
provide
health
insurance
presently
provided
cong
leg
hist
remarks
kennedy
amendment
require
employers
provide
disability
insurance
plans
merely
requires
employers
disability
plans
employees
treat
disabilities
fashion
temporary
disabilities
treated
respect
benefits
leave
policies
cong
leg
hist
remarks
cranston
ince
basic
standard
comparability
among
employees
employer
provide
medical
benefits
pay
medical
costs
pregnancy
child
birth
cong
leg
hist
remarks
culver
legislation
us
today
mandate
compulsory
disability
coverage
section
require
employers
treat
pregnant
employees
better
disabled
employees
employers
free
voluntarily
extend
disability
leave
employees
statute
purports
permit
act
unlawful
employment
practice
title
vii
know
statute
look
like
see
ante
neither
saved
civil
rights
act
since
inconsistent
purpose
provisions
title
vii