cleveland board education lafleur argued october decided january pregnant public school teachers brought actions challenging constitutionality mandatory maternity leave rules cleveland ohio chesterfield county virginia school boards cleveland rule requires pregnant school teacher take unpaid maternity leave five months expected childbirth leave application made least two weeks departure eligibility return work accorded next regular semester child three months old chesterfield county rule requires teacher leave work least four months give notice least six months anticipated childbirth guaranteed later first day school year date declared schemes require physician certificate physical fitness prior teacher return appeals reversed one holding chesterfield county maternity leave rule constitutional holding cleveland rule unconstitutional held mandatory termination provisions maternity rules violate due process clause fourteenth amendment pp arbitrary cutoff dates obviously come different times school year different teachers valid relationship state interest preserving continuity instruction long teacher required give substantial advance notice pregnant pp challenged provisions violative due process since create conclusive presumption every teacher four five months pregnant physically incapable continuing duties whereas teacher ability continue past fixed pregnancy period individual matter school boards administrative convenience alone suffice validate arbitrary rules pp cleveland return provision also violates due process arbitrary irrational creates irrebuttable presumption mother whose good health must medically certified fit resume work germane maintaining continuity instruction precise point child reach relevant age occur different time throughout school year teacher pp chesterfield county return rule free unnecessary presumption comports due process requirements stewart delivered opinion brennan white marshall blackmun joined douglas concurred result powell filed opinion concurring result post rehnquist filed dissenting opinion burger joined post together cohen chesterfield county school board et certiorari appeals fourth circuit charles clarke argued cause filed brief petitioners philip hirschkop argued cause petitioner brief john mann jane picker argued cause respondents brief rita page reuss sidney picker samuel hixon iii argued cause respondents brief frederick fn andrew ruzicho filed brief international association official human rights agencies amicus curiae urging affirmance philip tierney filed brief maryland commission human relations amicus curiae urging reversal briefs amici curiae urging affirmance filed andrew miller attorney general walter ryland assistant attorney general commonwealth virginia gordon dean booth richard maurer sidney davis delta air lines briefs amici curiae urging reversal affirmance filed solicitor general bork assistant attorney general pottinger louis claiborne joseph eddins beatrice rosenberg david rubin jerry anker national education assn et al winn newman ruth weyand international union electrical radio machine workers theodore mann joseph robison sylvia roberts ruth bader ginsburg melvin wulf john ligtenberg american civil liberties union et al paul pigman margaret broussard evelle younger attorney general elizabeth palmer assistant attorney general joanne condas deputy attorney general filed brief california department human resources development amicus curiae justice stewart delivered opinion respondents petitioner female public school teachers school year informed local school board pregnant compelled mandatory maternity leave rule quit job without pay several months expected birth child cases call upon us decide constitutionality school boards rules jo carol lafleur ann elizabeth nelson respondents junior high school teachers employed board education cleveland ohio pursuant rule first adopted school board requires every pregnant school teacher take maternity leave without pay beginning five months expected birth child application leave must made later two weeks prior date departure teacher maternity leave allowed return work beginning next regular school semester follows date child attains age three months doctor certificate attesting health teacher prerequisite return additional physical examination may required teacher maternity leave promised birth child merely given priority reassignment position qualified failure comply mandatory maternity leave provisions ground dismissal neither lafleur nelson wished take unpaid maternity leave wanted continue teaching end school year mandatory maternity leave rule however required leave job march two women filed separate suits district northern district ohio challenging constitutionality maternity leave rule district tried cases together rejected plaintiffs arguments supp divided panel appeals sixth circuit reversed finding cleveland rule violation equal protection clause fourteenth amendment petitioner susan cohen employed school board chesterfield county virginia school board maternity leave regulation requires pregnant teacher leave work least four months prior expected birth child notice writing must given school board least six months prior expected birth date teacher maternity leave declared employment submits written notice physician physically fit give assurance care child cause minimal interference job responsibilities teacher guaranteed later first day school year following date upon declared cohen informed chesterfield county school board november pregnant expected birth child april initially requested permitted continue teaching april school board rejected request cohen subsequent suggestion allowed teach january end first school semester instead required leave teaching job december subsequently filed suit district eastern district virginia district held school board regulation violates equal protection clause granted appropriate relief supp divided panel fourth circuit affirmed rehearing en banc appeals upheld constitutionality challenged regulation decision granted certiorari cases order resolve conflict courts appeals regarding constitutionality mandatory maternity leave rules public school teachers ii long recognized freedom personal choice matters marriage family life one liberties protected due process clause fourteenth amendment roe wade loving virginia griswold connecticut pierce society sisters meyer nebraska see also prince massachusetts skinner oklahoma noted eisenstadt baird right free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child acting penalize pregnant teacher deciding bear child overly restrictive maternity leave regulations constitute heavy burden exercise protected freedoms public school maternity leave rules directly affect one basic civil rights man skinner oklahoma supra due process clause fourteenth amendment requires rules must needlessly arbitrarily capriciously impinge upon vital area teacher constitutional liberty question us cases whether interests advanced support rules cleveland chesterfield county school boards justify particular procedures adopted school boards cases offered two essentially overlapping explanations mandatory maternity leave rules first contend firm cutoff dates necessary maintain continuity classroom instruction since advance knowledge pregnant teacher must leave facilitates finding hiring qualified substitute secondly school boards seek justify maternity rules arguing least teachers become physically incapable adequately performing certain duties latter part pregnancy keeping pregnant teacher classroom final months maternity leave rules said protect health teacher unborn child time assuring students physically capable instructor classroom times denied continuity instruction significant legitimate educational goal regulations requiring pregnant teachers provide early notice condition school authorities undoubtedly facilitate administrative planning toward important objective continuity appeals second circuit noted green waterford board education pregnant teacher provides board date certain commencement leave value continuity preserved arbitrary leave date set end fifth month calculated facilitate planned orderly transition teacher substitute date fixed closer confinement indeed latter afford board less time procure satisfactory substitute omitted fact since fifth sixth month pregnancy obviously begin different times school year different teachers present cleveland chesterfield county rules may serve hinder attainment continuity objectives purportedly designed promote example beginning fifth month pregnancy lafleur nelson occurred march thus required leave work months left school year even though fully willing serve end term similarly continuity goal seems ironic chesterfield county rule forced cohen leave work rather end semester january requested thus conclude arbitrary cutoff dates embodied mandatory leave rules us rational relationship valid state interest preserving continuity instruction long teachers required give substantial advance notice condition choice firm dates later pregnancy serve boards objectives well imposing far lesser burden women exercise constitutionally protected freedom question remains whether cutoff dates beginning fifth sixth months justified ground advanced school boards necessity keeping physically unfit teachers classroom doubt objective perfectly legitimate educational safety grounds despite plethora conflicting medical testimony cases assume arguendo least teachers become physically disabled effectively performing duties latter stages pregnancy mandatory termination provisions cleveland chesterfield county rules surely operate insulate classroom presence potentially incapacitated pregnant teachers question whether rules sweep broadly see shelton tucker question must answered affirmative provisions amount conclusive presumption every pregnant teacher reaches fifth sixth month pregnancy physically incapable continuing individualized determination teacher doctor school board particular teacher ability continue job rules contain irrebuttable presumption physical incompetency presumption applies even medical evidence individual woman physical status might wholly contrary noted last term vlandis kline permanent irrebuttable presumptions long disfavored due process clauses fifth fourteenth amendments vlandis declared unconstitutional due process clause fourteenth amendment connecticut statute mandating irrebuttable presumption purposes qualifying reduced tuition rates state university said case forbidden due process clause deny individual resident rates basis permanent irrebuttable presumption presumption necessarily universally true fact state reasonable alternative means making crucial determination may state insists unmarried fathers unsuitable neglectful parents may also stanley parent children placed hands unmarried fathers category wholly suited custody children footnotes omitted principles control decision cases us medical experts cases differed many points unanimously agreed one ability particular pregnant woman continue work past fixed time pregnancy much individual matter even assuming arguendo women physically unable work past particular cutoff dates embodied challenged rules evident large numbers teachers fully capable continuing work longer cleveland chesterfield county regulations allow thus conclusive presumption embodied rules like vlandis neither necessarily universally true violative due process clause school boards argued mandatory termination dates serve interest administrative convenience since many instances teacher pregnancy rules obviate necessity determinations certainly boards interest devising prompt efficient procedures achieve legitimate objectives area stated stanley illinois supra constitution recognizes higher values speed efficiency indeed one might fairly say bill rights general due process clause particular designed protect fragile values vulnerable citizenry overbearing concern efficiency efficacy may characterize praiseworthy government officials less perhaps mediocre ones omitted conclude therefore neither necessity continuity instruction state interest keeping physically unfit teachers classroom justify sweeping mandatory leave regulations cleveland chesterfield county school boards adopted regulations doubt represent attempt achieve laudable goal pass muster due process clause fourteenth amendment employ irrebuttable presumptions unduly penalize female teacher deciding bear child iii addition mandatory termination provisions cleveland chesterfield county rules contain limitations upon teacher eligibility return work giving birth school boards offer two justifications return rules continuity instruction desire certain teacher physically competent returns work case leave provisions question whether school board goals legitimate rather whether particular means chosen achieve objectives unduly infringe upon teacher constitutional liberty cleveland rule teacher eligible return work beginning next regular school semester following time child attains age three months doctor certificate attesting teacher health required return additional physical examination may required option school board respondents seriously challenge either medical requirements cleveland rule policy limiting eligibility return next semester following birth provisions concerning medical certificate supplemental physical examination narrowly drawn methods protecting school board interest teacher fitness requirements allow individualized decision teacher condition thus avoid pitfalls presumptions inherent leave rules similarly provision limiting eligibility return semester following delivery precisely drawn means serving school board interest avoiding unnecessary changes classroom personnel one school term cleveland rule however simply contain reasonable medical eligibility provisions addition school board requires mother wait child reaches age three months return rules begin operate school board offered reasonable justification supplemental limitation perceive none extent provision reflects school board thinking mother fit return point time suffers constitutional deficiencies plague irrebuttable presumption termination rules presumption moreover patently unnecessary since requirement physician certificate medical examination fully protects school interests regard finally provision simply nothing continuity instruction since precise point child reach relevant age obviously occur different point throughout school year teacher thus conclude cleveland return rule insofar embodies age provision wholly arbitrary irrational hence violates due process clause fourteenth amendment age limitation serves legitimate state interest unnecessarily penalizes female teacher asserting right bear children perceive constitutional infirmities chesterfield county rule school system teacher becomes eligible upon submission medical certificate physician return work guaranteed later beginning next school year following eligibility determination medical certificate reasonable narrow method protecting school board interest teacher fitness possible deferring return next school year serves goal preserving continuity instruction short chesterfield county rule manages serve legitimate state interests without employing unnecessary presumptions broadly burden exercise protected constitutional liberty iv reasons stated hold mandatory termination provisions cleveland chesterfield county maternity regulations violate due process clause fourteenth amendment use unwarranted conclusive presumptions seriously burden exercise protected constitutional liberty similar reasons hold provision cleveland return rule unconstitutional accordingly judgment affirmed judgment reversed case remanded appeals fourth circuit proceedings consistent opinion ordered footnotes lafleur child born july nelson child born august year effective february cleveland regulation amended provide teachers one year continuous service qualified maternity leave teachers less one year required resign beginning fifth month pregnancy since nelson less year service time notified principal pregnant school board originally required resign teaching position school board since conceded february amendment apply nelson since enacted contract employment executed pursuant concession board placed nelson like lafleur mandatory leave chief judge phillips filed separate opinion dissenting part concurring part felt portion challenged regulation requiring maternity leave beginning fifth month pregnancy constitutional agreed majority however waiting period becoming eligible return teaching unconstitutional chesterfield county rule provides maternity provisions notice writing must given school board least six months prior date expected birth termination employment expectant mother shall become effective least four months prior expected birth child termination employment may extended superintendent receives written recommendations expectant mother physician principal superintendent feels extension best interest pupils school involved maternity leave maternity leave must requested writing time termination employment maternity leave granted persons record satisfactory performance individual declared eligible submits written notice physician physically fit employment give full assurance care child cause minimal interference job responsibilities guaranteed later first day school year following date individual declared eligible personnel benefits accrued including seniority retained maternity leave unless person concerned shall accepted employment school system discharged responsibility policy offering first vacancy occurs individual declared eligible cohen child fact born may unlike cleveland rule supra chesterfield county regulation allows superintendent schools extend teacher employment beyond normal cutoff date determines action best interests students school involved see supra apart cases review least three reported federal appellate opinions dealing constitutionality mandatory maternity leave regulations compare green waterford board education buckley coyle public school system invalidating mandatory leave rules pregnant public school teachers schattman texas employment upholding leave policy state agency opinions district courts dealing mandatory maternity leaves see heath westerville board education supp sd ohio pocklington duval county school board supp md bravo board education city chicago supp nd williams san francisco unified school district supp nd cal seaman spring lake park independent school district supp monell department social services supp sdny cf struck secretary defense vacated remanded consider issue mootness gutierrez laird supp dc robinson rand supp dealing air force regulations requiring separation pregnant personnel practical impact decision present cases may somewhat lessened several recent developments time teachers cases placed maternity leave title vii civil rights act stat et apply state agencies educational institutions march however equal employment opportunity act amended title vii withdraw exemptions pub stat shortly thereafter equal employment opportunity commission promulgated guidelines providing mandatory leave termination policy pregnant women presumptively violates title vii cfr fed reg statutory amendments administrative regulations course inapplicable cases us affect like suits future addition number federal agencies promulgated regulations similar equal employment opportunity commission forbidding discrimination pregnant workers regard sick leave policies see cfr civil service commission cfr office federal contract compliance see generally koontz childbirth child rearing leave benefits comment love labors lost new conceptions maternity leaves harv civ lib rev course express opinion validity regulations records cases suggest maternity leave regulations may originally inspired less weighty considerations example mark schinnerer served superintendent schools cleveland time leave rule adopted testified district rule adopted part save pregnant teachers embarrassment hands giggling schoolchildren cutoff date end fourth month chosen teacher began show similarly least several members chesterfield county school board thought mandatory leave rule justified order insulate schoolchildren sight conspicuously pregnant women one member school board thought good school system students view pregnant teachers kids say teacher swallowed water melon things like school boards contended considerations serve legitimate basis rule requiring pregnant women leave work thus note comments illustrate possible role outmoded taboos adoption rules cf green waterford board education whatever may reaction queen victoria time pregnancy longer dirty word course possible either premature childbirth complications latter stages pregnancy might upset even careful plans teacher substitute school board nothing records indicate emergencies handled others normal use emergency substitute teacher process see green supra indeed somewhat difficult view cleveland mandatory leave rule seriously furthering goal continuity since rule requires two weeks advance notice leave commence three medical witnesses cleveland case sarah marcus veners rutenbeigs nelson obstetrician testified behalf respondents william weir petitioners expert weir generally disagreed colleagues potential effects pregnancy teacher job performance noted pregnancy individual matter prescribed similarly two medical experts chesterfield county case leo dunn david forrest testified particular pregnancy must managed individual matter cf benson handbook obstetrics gynecology ed curran equal protection law pregnant school teachers new england medicine comment mandatory maternity leave absence policies equal protection analysis temp say means providing appropriate protection rights pregnant teachers individualized determination case every circumstance dealing cases maternity leave regulations requiring termination employment firm date last weeks pregnancy therefore occasion decide whether regulations might justified considerations presented records example widespread medical consensus disabling effect pregnancy teacher job performance latter days evidence showing firm cutoffs reasonable method avoiding possibility labor beginning teacher classroom proof adequate substitutes procured without least minimal lead time certainty dates upon employment begin school boards available reasonable alternative methods keeping physically unfit teachers classroom example require pregnant teacher submit medical examination school board physician simply require teacher submit current certification obstetrician ability continue work indeed evaluating physical ability teacher return work school board case relies upon precisely procedures see nn supra see also text infra clear factual hypothesis presumption mother physically fit return work child reaches age three months neither necessarily universally true see benson supra patient may return full activity employment course progress fourth fifth week normal cf comment love labors lost new conceptions maternity leaves harv civ lib course may cleveland rule based upon another theory new mothers busy children within first three months allow return work viewed light rule remains conclusive presumption whose underlying factual assumptions hardly said universally valid virginia rule also requires teacher give assurance care child unduly interfere job duties requirement within potential abuse evidence record assurance required anything routinely sought employers prospective employees worker willing devote full attention job duties evidence record school authorities routinely accept woman assurance ability return justice powell concurring result concur result unable join opinion view cases decided ground mandatory maternity leave regulations impair right bear children create irrebuttable presumption seems equal protection analysis appropriate frame reference regulations undoubtedly add burdens childbearing certainly every government policy burdens childbearing violates constitution limitations welfare benefits family may receive take account size family illustrate point see dandridge williams undoubtedly congress another example constitutionally seek discourage excessive population growth limiting tax deductions dependents represent intentional governmental effort penalize childbearing see ante regulations purpose deterrent impact wholly incidental intentional efforts penalize childbearing constitutional dandridge supra means think certainly regulations invalid infringement right procreate also troubled return irrebuttable presumption line analysis stanley illinois powell participating vlandis kline although joined opinion vlandis continue fully support result reached present cases caused irrebuttable presumption rationale led conclusion approach doctrine extreme care much justice rehnquist says dissenting opinion post implications doctrine traditional legislative power operate classification matter logic difficult see terminus road upon embarked banner irrebuttable presumptions nevertheless uses irrebuttable presumption reasoning selectively concept root often something else masquerading due process doctrine something else course equal protection clause cases present precisely kind problem susceptible treatment classification school teachers women certain percentage pregnant given time pregnancy normal biological function possessing great majority cases fairly well defined term constitutional difficulty boards attempted deal problem classification rather boards chose irrational classifications range possible school board goals emerge cases several may put one side records us abound proof principal purpose behind adoption regulations keep visibly pregnant teachers sight schoolchildren boards advance today legitimate objective yet initial primacy casts shadow cases moreover rationalizations proposed boards unsupported records boards emphasize teacher absenteeism classroom discipline safety schoolchildren safety expectant mother unborn child doubt legitimate concerns boards failed demonstrate interests fact threatened continued employment pregnant teachers sure boards legitimate important interest fostering continuity teaching even normal pregnancy may point jeopardize interest classifications chosen boards far shown either counterproductive irrationally overinclusive even regard significant nonillusory goal accordingly opinion regulations invalid standards equal protection review speaking continuity teaching boards referring part valid interest reducing number times new teacher assigned given class particularly appropriate avoid teacher turnover middle semester since continuity teaching approach well relationships otherwise impaired aspect cleveland regulation limiting teacher eligibility return classroom semester following delivery approves ante rationally serves legitimate state interest prebirth leave periods two regulations provision cleveland regulation points ante cutoff points likely prevent continuity teaching preserve cutoff dates occur throughout school year inevitably result removal many capable teachers classroom middle near end semester thus provoking disruption boards hope avoid boards reference continuity teaching also encompasses need assure constant classroom coverage teachers task interest obviously legitimate one disputes school board must concern physical emotional capabilities teachers objectionable portions regulations appear bottomed factually unsupported assumptions ability pregnant teachers perform jobs overwhelming weight medical testimony adduced cases teachers undergoing normal pregnancies quite capable carrying responsibilities point short period prior term certainly boards made little effort contradict conclusion thus appears forcing pregnant teachers undergoing normal pregnancy classroom far advance term regulations compel large numbers teachers quit work policies inhibit rather goal continuity teaching apparent reason remove teachers students require use substitutes boards reliance goal continuity teaching also takes account obvious planning needs boards must know pregnant teachers temporarily cease teaching responsibilities substitutes may scheduled fill vacancies planning requires notice pregnancy fixed termination date appears however termination date serves purpose choice cutoff date produces several months forced unemployment thus wholly unnecessary planning boards certainly nothing records cases contrary reasons believe linkage boards legitimate ends chosen means attenuated support portions regulations overturned thus concur result think important emphasize degree latitude read left boards dealing real recurrent problems presented teacher pregnancies boards may demand every case substantial advance notice pregnancy ante subject certain restrictions may require pregnant teachers cease teaching firm date last weeks pregnancy holds boards may cases restrict teaching outset school term following delivery opinion rules pregnant teachers constitutional traditional equal protection standards school boards confronted sensitive widely variable problems public education must accorded latitude operation school systems adoption rules regulations general application san antonio independent school district rodriguez large measure discretion essential effective discharge duties vested local often elective governmental units concern opinion carried logical extremes emphasis individualized treatment war need discretion indeed stringent insistence individualized treatment may quite impractical large school district thousands teachers despite reservations rationale majority nevertheless conclude cases gap legitimate interests boards particular means chosen attain wide restructuring generally along lines indicated opinion seems unavoidable accordingly concur result see ante reach question whether classifications invoke strict judicial scrutiny frontiero richardson whether regulations involve sex classifications whether challenged aspects regulations constitute sex classifications disability classifications must least rationally serve legitimate articulated obvious state interest indeed legitimate state interests stake shown rationally furthered challenged portions regulations teachers undergo abnormal pregnancies may well disabled either temporarily substantial period read boards may deal abnormal pregnancies like disability ante one may question however whether planning needs well served mere gap notice departure set forth cleveland regulation brief notice cleveland board allowed casts doubt board reliance planning needs language specify particular prebirth cutoff point need decide issue boards attempted support dates light language however think prebirth period acceptable agree view stringent standards board must meet justify reasonable prebirth cutoff date see ante nothing constitution mandates heavy burden justification imposed boards regard school boards must base policies widespread medical consensus reasonable method accomplishing goal demonstration needed services otherwise impossible obtain may seriously handicapped performance duties notes cases arose prior recent amendment extending title vii civil rights act et state agencies educational institutions pub stat see ante like address impact title vii mandatory maternity leave regulations justice rehnquist chief justice joins dissenting rests invalidation school regulations involved cases due process clause fourteenth amendment rather claim sexual discrimination equal protection clause amendment brother stewart thereby enlists another quixotic engagement apparently unending war irrebuttable presumptions cases told although regulation requiring termination employment firm date last weeks pregnancy ante might pass muster regulations challenged requiring termination end fourth fifth month pregnancy violate due process law chief justice pointed dissent last year vlandis kline literally thousands state statutes create classifications permanent duration less perfect legislative classifications might improved individualized determinations hundreds years ago england parliament came thought body general lawmaking power controversies determined individualized basis without benefit general law students government consider shift sort determination made ad hoc basis king representative relatively uniform body rules enacted body exercising legislative authority significant step forward achievement civilized political society seems little late day weigh established consensus countless state federal statutes draw lines drawn regulations analysis might well prove arbitrary individual cases district columbia code example draws lines respect age several purposes code requires person eligible vote years age male female valid marriage may contracted alcoholic beverages sold person age years beer light wines person age years resident district columbia must years age obtain permit operate motor vehicle district columbia delegate congress must years old nothing opinion clearly demonstrates logic equally well sustain challenge laws insists well informed voting purposes insists able carry liquor numerous persons fall outside lines drawn similar statutes closely point jeopardy opinion places longstanding statutes providing mandatory retirement government employees title provides respect civil service employees except otherwise provided section employee becomes years age completes years service shall automatically separated service requires argument show right work living common occupations community essence personal freedom opportunity purpose amendment secure said williamson lee optical bears repeating legislation involves drawing lines drawing lines necessarily results particular individuals disadvantaged line drawn virtually indistinguishable many purposes individuals benefit legislative classification disenchantment irrebuttable presumptions preference individualized determination last analysis nothing less attack upon notion lawmaking lines drawn school boards city cleveland chesterfield county cases require pregnant teachers take forced leave stage pregnancy medical evidence seems suggest majority might well able continue teaching without significant possibility physical impairment far aware medical evidence also suggests cases may physical impairment stage pregnancy fastened regulations question probability physical impairment increases pregnancy advances legislative bodies permitted draw general line anywhere short delivery room find judicial standard measurement says ones drawn invalid therefore dissent code ann ibid