AT&T Corp. v. Hulteen

The case entered the Supreme Court's docket in October 2007 and concerned whether maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act can be considered in calculating employee pension benefits. The Supreme Court agreed to hear the case in June 2008. The case concerns Noreen Hulteen who took maternity leave in 1968. Due to complications resulting from giving birth she was hospitalized and required surgery. She missed a total of 240 days of work due to her pregnancy and surgery, but her employer, AT&T Corporation, only gave her 30 days of paid leave. Under company policy at the time, in contrast, employees who took disability leave were entitled to be paid as long as they were disabled. Before the passage of the Pregnancy Discrimination Act of 1978, it was lawful to award less service credit for pregnancy leave and exclude conditions related to pregnancy from employee sickness and accident benefits plans. The Supreme Court had previously upheld this in the cases of General Electric Company v. Gilbert (1976) and Geduldig v. Aiello (1974). As a result of the policy, when Hulteen retired in 1994 from AT&T, AT&T calculated her pension benefits by excluding 210 days that it would have credited if she had been granted leave because of any disability other than pregnancy. Lawyers for the women argued that each reduced retirement check that they receive is "a fresh act of discrimination" a reference to the first bill signed into law by President Barack Obama the Lilly Ledbetter law. AT&T's argument was that the 1978 law cannot be applied retroactively because congress did not make the law retroactive and that they were basing the pension calculations on conditions at the time of employment. The United States Court of Appeals for the Ninth Circuit in hearing the case ruled in favor of Hulteen. This decision directly conflicted with previous decisions of the Sixth and Seventh Circuits, helping to lead to the Supreme Courts decision to review the case. Oral arguments were heard on December 10, 2008. ==Judgment==

The Supreme Court ruled in a 7–2 decision on May 18, 2009, that maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act could be excluded in calculating employee pension benefits, even though leave taken for non-pregnancy related medical disabilities was not excluded. As a result of the Court's opinion AT&T was not required to amend its discriminatory pension policy retroactive to the effective date of the Pregnancy Discrimination Act. Justice Souter, in the majority opinion, wrote the following. Justice Ginsburg dissented and said the following. ==Significance==

Critics of the decision like Christine L. Owens of the National Employment Law Project stated that "The court's decision could affect thousands of women who took pregnancy leaves decades ago and now are headed toward retirement; the only way women who took pregnancy leave before 1979 can make their leave time count is through the good graces of their company or through legislation by Congress." Proponents of the decision like Rae T. Vann of Equal Employment Advisory Council stated that the decision was a "sensible and straightforward ruling" and "Congress intended the Pregnancy Discrimination Act to be applied prospectively, not retroactively." == See also ==