Practice Areas

    Employment Law

    Labor Law

    Employee Benefits Law

    Commercial Litigation

    Construction Law

    Dispute Resolution

    Harassment Claims

    Wage and Hour Law

    Mediation and Arbitration

    Other Employment Litigation



Contact Us


HR Solutions


Employer not in Violation for

Refusing to Include Pregnancy Leave

Accrued before Title VII Amendment


    In AT&T v. Hulteen, the U.S. Supreme Court this week held that an employer does not necessarily violate the federal Pregnancy Discrimination Act (PDA) when it pays pension benefits calculated in part under an accrual rule – applied prior to the PDA’s enactment in 1978 – that gave less retirement credit for pregnancy than for medical leave generally.

    The Court further held that the benefit calculation rule used by the employer in this case was part of a bona fide seniority system that insulated it from a Title VII challenge.  Hulteen had argued that under the recently enacted Lilly Ledbetter Fair Pay Act, a discriminatory compensation practice occurs each time a transaction affecting the employee occurs, namely, the accrual of credits.  The Supreme Court rejected this argument, holding that the decision to not give credit for pregnancy leave (pre-PDA) was non-discriminatory.